Washington has no standalone Romeo and Juliet law. Its statutory rape laws build age-gap thresholds into each rape offense in Tacoma and all throughout Washington State. The alleged perpetrator must be a set number of months older than the minor in order for the conduct to be charged as a crime.
What Is a Romeo and Juliet Law?
A Romeo and Juliet law is a close-in-age exemption that protects young people from prosecution when both partners are minors or close in age, and the sexual activity is consensual. States pass them so that consensual relationships between peers are not treated like crimes committed by an older adult against a minor.
Washington’s Sex Crime Laws and Age-Gap Provisions
Instead of enacting a single law, Washington includes age-gap requirements directly into the statutes that involve sex crimes against minors. For example, under RCW 9A.44.079, rape of a child in the third degree applies when the younger person is at least 14 but under 16 and the older person is at least 48 months older.
Rape of a child in the first degree, under RCW 9A.44.073, requires the younger person to be under 12 and the older person to be at least 24 months older. The second degree, under RCW 9A.44.076, covers victims who are at least 12 but under 14 and the accused is at least 36 months older.
What to Do If You Are Facing Statutory Rape Charges
If you are facing criminal charges related to statutory rape, it is important to seek legal help as soon as possible. The steps you take now can protect your rights and preserve your defense:
- Stay Silent: You have the right to remain silent, and you should use it. Anything you tell police can be used against you, so say nothing about the allegations until you speak with an attorney.
- Avoid Contact: Do not reach out to the alleged victim, their family, or any witness. Contact can lead to new charges and may be read as intimidation.
- Preserve Evidence: Save texts, emails, photos, and messages that establish the timeline and the ages involved. Do not delete any potential evidence.
- Contact an Attorney: Speak with our sex crimes defense attorney in Tacoma before answering questions or agreeing to an interview. A lawyer can guide your next moves and handle investigators for you.
Potential Defenses to Statutory Rape Charges in Washington
Learning that you or your child has been accused of a sex offense can be frightening, and it is easy to feel that the outcome is already decided. You have the right to remain silent, to be represented by an attorney, and to challenge the evidence against you. Depending on your situation, several defenses may apply.
For example, a close review of birth dates and the timeline can show that the required age gap was never met, which may defeat the charge. If the ages are not in question, the facts of what happened often are. Weaknesses in the evidence, unreliable statements, or a lack of proof of a required element can reduce the charge or lead to dismissal.
Speak with a Washington Sex Crimes Defense Lawyer Today
Being accused of a sex crime can feel isolating, and the stakes for your record, freedom, and reputation are high. At The Law Offices of Mark S. Treyz, we defend clients throughout Washington with discretion and steady guidance. If you or your child is facing statutory rape charges in Washington, contact us today to schedule a free consultation and begin building your defense.