Learning you are being investigated for or charged with third-degree rape in Washington can send your life into a tailspin of uncertainty and fear. Even as the lowest level of rape charge in the state, a conviction still carries potential prison time, sex offender registration requirements, and a permanent criminal record that follows you for years. However, you have the right to defend yourself—and a Tacoma sex crimes defense attorney can fight for you.
How Is Third-Degree Rape Defined in Washington?
According to RCW 9A.44.060, third-degree rape occurs when someone engages in sexual intercourse with another person without their consent, but under circumstances that do not meet the criteria for first or second-degree rape. This charge may apply when the sexual intercourse occurred without the victim’s consent or when there was a threat of substantial unlawful harm to the victim’s property rights.
Third-degree rape is classified as a Class C felony in Washington. If convicted, you could face up to five years in state prison and/or fines of up to $10,000.
How Does Washington Law Define Consent?
When facing sex crime charges in Washington, the legal definition of consent is critical to understand. Consent means that at the time of sexual intercourse, both parties freely gave agreement to engage in the act through their actual words or actions. The absence of consent could lead to third-degree rape charges, even if no physical force was used. Consent can be revoked at any time during a sexual act.
What to Expect When Facing a Third-Degree Rape Charge in Washington
If you have been charged with third-degree rape in Washington, the legal process typically begins with a police investigation. During this phase, officers collect evidence, interview witnesses, and may request to speak with you. Never answer the police’s questions—exercise your constitutional right to remain silent and contact a lawyer immediately.
If prosecutors decide to file charges, you will receive a summons or be arrested. Your first court appearance will be an arraignment, where the charges are formally presented, and you enter an initial plea. The judge may also set bail conditions, which may include restrictions on travel, contact with the alleged victim, or electronic monitoring.
Following arraignment, your case enters the pre-trial phase. Your attorney will receive discovery materials from the prosecution, including police reports, witness statements, medical records, and any physical evidence. Motions may be filed during this phase as well.
If your case proceeds to trial, you have the right to a jury trial. During this proceeding, the prosecution must prove every element of the third-degree rape charge beyond a reasonable doubt. Your attorney will cross-examine witnesses, challenge evidence, and present your defense.
Trust The Law Offices of Mark S. Treyz to Fight for You
Facing third-degree rape charges can feel overwhelming, leaving you uncertain about your future and legal options. The Law Offices of Mark S. Treyz understands the complexity of these cases and the importance of building a strategic defense. Our firm will guide you through every step of the process, protecting your rights while working toward the best possible outcome. Contact us at (253) 272-8666 today for a confidential consultation and let our Washington criminal defense lawyer fight for your future.