Being charged with indecent liberties can turn your life upside down in an instant. These serious allegations often arise from misunderstandings or false accusations, yet they carry severe penalties that can permanently impact your relationships, employment, and freedom. In these situations, it is important to speak with a Tacoma criminal lawyer right away to build a strong legal defense.
The Definition of Indecent Liberties in Washington
In Washington, indecent liberties occur when someone knowingly causes sexual contact with another person under specific prohibited circumstances. The Class B felony can arise in various scenarios, including cases involving force, mental incapacity, developmental disabilities, healthcare settings, or vulnerable adults.
RCW 9A.44.100. Indecent liberties.
(1) A person is guilty of indecent liberties when he or she knowingly causes another person to have sexual contact with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
(c) When the victim is a person with a developmental disability and the perpetrator is a person who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
Potential Defenses to Indecent Liberties Charges
You have the right to defend yourself if you are facing indecent liberties charges. In Washington, you can apply two main defenses:
- First, if the case involves a victim who allegedly was incapable of consent, you can submit evidence that you reasonably believed that they could consent.
- Second, if you are a healthcare provider facing charges that involve a patient, you can argue that the patient consented to sexual contact with full knowledge it wasn’t treatment-related.
Additional defenses might focus on challenging the prosecution’s case. This could involve questioning witness credibility, presenting alibi evidence, or demonstrating that your constitutional rights were violated.
What to Do If You Are Arrested for a Sex Crime
If you are arrested for indecent liberties in Washington, it is important to stay calm and, most importantly, remain silent. Any statements made to law enforcement can be used against you, even if they seem harmless or explanatory. Avoid all communication with the alleged victim, their family, or friends, as any contact could lead to additional charges.
Speak with a criminal defense attorney before talking to the police or answering any questions about the allegations. The Law Offices of Mark S. Treyz can help you build a strong defense strategy while protecting your rights and reputation. Contact us at (253) 272-8666 to schedule a confidential consultation and protect your rights.