Washington State Commercial Sexual Abuse of a Minor Law

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 What Is Criminal Sexual Abuse?

Sexual abuse, in general, is defined as a sexual act that is committed with the intent to degrade, harass, humiliate, or abuse another individual. The state laws that govern criminal sexual abuse will vary depending on whether the victim of the sexual abuse is a minor or an adult.

Sexual abuse of a child is typically referred to as child molestation. Sexual abuse of an adult is often referred to as aggravated sexual assault or rape.

An individual has committed sexual abuse if they:

  • Forced another individual to engage in any sexual act by threatening or causing fear in them;
  • Engaged in a sexual act with another individual who was not capable of comprehending the exact nature of that conduct or who was physically incapable of communicating their unwillingness to engage in a sexual act.

What Is Sexual Assault?

Sexual assault is generally defined as any sexual activity that occurs without the clear and uncoerced consent of all of the parties involved. Sexual assault is classified as a criminal offense in every state.

Every state also prohibits engaging in sexual activity with any individual who is unable to consent. Individuals who are considered unable to consent to sexual activities include individuals who are:

  • Mentally ill;
  • Under 18 years of age;
  • Intoxicated.

There are several actions that are typically considered sexual assault, including but not limited to:

  • Rape;
  • Molestation;
  • Forced sodomy;
  • Incest.

How Is “Sex Abuse” Defined in Washington State?

Under the laws of the State of Washington, sex abuse is any sexual act that is committed with the intent to humiliate, abuse, harass, or degrade the victim, as well as to arouse the sexual desires of the perpetrator. Victims of sexual abuse may be minors or adults.

In the State of Washington, an individual can be arrested for sex abuse with a minor.

What Is the Difference Between Sexual Abuse of a Minor and Statutory Rape?

Sexual assault and sexual abuse offenses may be categorized according to the age of the victim. Sexual crimes committed against children are categorized differently than sexual crimes committed against adults.

An individual committed sexual abuse of a minor when the minor was between the ages of 12 and 16 years old, and the perpetrator was at least four years older than the minor. In general, the prosecution does not have to prove that the perpetrator was aware of the minor’s actual age or that the required age difference existed between the perpetrator and the victim.

In most states, if the sexual incident occurred with a child under the age of 12, the maximum allowable punishment may be doubled if an individual is convicted. An individual may be guilty of child molestation if they commit any lewd or lascivious act upon or with the body of a child with the intent to gratify, arouse, or appeal their passion, lust, or sexual desires.

Individuals who are convicted of child sexual abuse may face the following consequences:

  • Imprisonment;
  • Being placed on a sexual offender registration;
  • Loss of right to vote;
  • Mandatory AIDS testing.

Statutory rape occurs when an individual engages in sexual conduct with another individual who is under the statutory age of consent. However, this age varies by state and generally is 16 to 18 years old.

There are also some states that may have age limits or ranges for perpetrators. This offense is a strict liability crime, meaning that the consent of the younger individual or a mistake regarding their age will not be a defense to the crime.

What Are Some Other Classifications of Sexual Abuse?

There are also other criminal offenses and classifications of sexual abuse. The majority of states define incest as an individual having sexual relations with a close family member.

An individual has committed the offense of incest when they engage in sexual acts with a family member or an extended family member. Often, in these cases, a perpetrator abuses their authority or ongoing emotional bond with a relative in order to perpetrate the crime.

What constitutes close family members may vary by state, but typically includes:

  • Parents;
  • Grandparents;
  • Siblings;
  • Aunts and uncles; and
  • Nieces and nephews.

Aggravated sexual abuse occurs when a perpetrator uses force against a victim or threatens the victim, which causes them to fear:

  • Kidnapping;
  • Serious bodily injury;
  • Death.

Another example of aggravated sexual assault abuse includes administering an intoxicant or a drug to an individual without their consent, which impairs their ability to control their conduct and then engage in sexual acts with them.
Another classification of sexual abuse crimes is indecent exposure, which may also be referred to as lewd and lascivious behavior. This offense occurs when a perpetrator displays their genitalia to one or more individuals in a public place, typically with the intent to shock the viewer or viewers and attain sexual arousal.

Another sexual-based criminal offense is voyeurism. This involves observing an unsuspecting individual while they are disrobing, nude, or engaging in sexual activity for the purpose of seeking sexual excitement.

What Is Commercial Sexual Abuse of a Minor?

Any time individuals agree to exchange something of value, including money, for sexual contact, it is a commercial sexual act and a criminal offense. If an individual who is selling the contact is a minor, in Washington State, the crime is classified as a Class B sex offense that is punishable by up to ten years in prison.

Assume that a perpetrator travels to meet an individual who is a minor for commercial sexual contact. In that case, the charges in Washington State may also include communicating with a minor for immoral purposes and attempted rape of a child.

What Do Prosecutors Have to Prove to Convict Me of Commercial Sex Abuse With a Minor?

In order for the prosecution to convict a defendant of commercial sex abuse with a minor, it must show that the defendant:

  • Paid a minor or third party a fee as compensation for engaging in sexual conduct;
  • Paid or agreed to pay a fee to a third party or to a minor with the understanding that the fee was for engaging in sexual conduct with the minor; or
  • Requested, offered, or solicited engaging in sexual conduct with a minor for a fee.

Is It a Defense That the Minor Gave Consent to the Sexual Conduct?

No, under state laws, even if the minor consented to the sexual conduct, it will not serve as a defense.

What Is the Punishment for Commercial Sexual Abuse of a Minor?

As noted above, commercial sexual abuse of a minor is a class B felony. If a defendant is convicted, they may face up to ten years in prison and a criminal $20,000 fine.

The convicted defendant will also have to register as a sex offender for at least 15 years. They will also face probation after completing their prison sentence in addition to a sex offender treatment program.

Should I Contact a Lawyer?

Any type of sexual crime is very serious and may involve severe punishment, especially if a minor is involved. If you have been accused of or charged with any time of sexual crime in Washington State, it is essential to consult with a Washington criminal lawyer as soon as possible.

Your attorney will advise you of the laws in Washington State as well as the possible punishments you may be facing. In addition, your lawyer will determine if any defenses are available that you may be able to use in court.

If you have been a victim of a sex crime, you should report it immediately to law enforcement. They can then present your case to the local district attorney for prosecution of the individual who perpetrated the crime against you.

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