What Is Sexual Assault?
Sexual assault is any sexual activity that occurs without the uncoerced and clear consent of all of the parties who are involved. Sexual assault is a crime in all states.
Sexual activity with individuals who are unable to consent is forbidden. Individuals who are considered to be unable to consent to sexual activities include individuals who are:
- Mentally ill;
- Under the age of 18; or
- Intoxicated.
There are several acts that are considered to be sexual assault, including, but not limited to:
- Rape;
- Molestation;
- Forced sodomy; and
- Incest.
What Are Some Other Classifications of Sexual Abuse?
The majority of states define incest as sexual relations that occur with a close family member. An individual commits incest when they engage in a sexually inappropriate act with a family member or an extended family member.
In order to accomplish this, the perpetrator of incest abuses their authority or an ongoing emotional bond with their relative. What is considered a close family member may vary by state, but, in general, includes:
- Parents;
- Grandparents;
- Siblings;
- Aunts and uncles; and
- Nieces and nephews.
Aggravated sexual abuse occurs when an individual uses force against a victim or threatens them, causing them to fear:
- Kidnapping;
- Serious bodily injury; or
- Death.
This type of abuse may also occur when an individual knowingly renders a victim unconscious and then proceeds to engage in a sexual act. One additional example of aggravated sexual abuse includes administering an intoxicant or drug to an individual without their consent, impairing the victim’s ability to control their conduct, then engaging in sexual acts with them.
Another example of a classification of sexual abuse is indecent exposure. This is often referred to as lewd and lascivious behavior.
Indecent exposure occurs when an individual displays their genitalia to one or more individuals in a public place, with the intent to shock the viewer and attain sexual arousal.
Voyeurism occurs when an individual observes unsuspecting individuals while they are either naked, disrobing, or engaging in sexual activity for the purposes of seeking sexual excitement.
Is There a Statute of Limitations on Sexual Abuse in Washington?
Yes, there is a Washington state statute of limitations (SOL) on sexual abuse. There is a statute of limitations from criminal charges as well as civil lawsuits and they are complex.
When an individual is considering pursuing a case, it is important for them to keep the statute of limitations in mind. It is important to note that, with respect to the criminal statute of limitations, the time begins running at the time of the criminal offense.
In addition, the SOL that will apply is the one that was in force at the time the incident occurred. While the SOL may be lengthened, if the time ran out, it cannot be lengthened or restarted.
Whether or not this applies in civil cases is still being debated.
Washington State Civil Lawsuits for Sexual Abuse
Washington has a law called RCW 4.16.340 that sets the rules for when a victim of childhood sexual abuse can file a civil lawsuit. The rules depend on when the abuse happened.
For abuse that happened before June 6, 2024, a victim must file their lawsuit within three years. But the three-year clock does not start on any set birthday. Instead, the clock starts on the latest of these three dates:
- The date the abuse happened (but the clock is paused until the victim turns 18);
- The date the victim learned, or should have learned, that their injury was caused by the abuse; or
- The date the victim discovered that a specific injury was caused by the abuse.
This means a victim who was abused as a child but did not connect the abuse to their problems until age 45 would still have three years from that point to file a lawsuit. There is no hard age cutoff for older abuse cases. The key question is when the victim made the connection between the abuse and the harm it caused.
Did Washington Remove the Statute of Limitations for Child Sexual Abuse?
In 2024, Washington passed House Bill 1618. Governor Inslee signed it into law in March 2024, and it took effect on June 6, 2024. The new law removes all time limits for filing a civil lawsuit when the abuse happened on or after June 6, 2024. This means for any new acts of childhood sexual abuse from that date forward, a victim can file a lawsuit at any time, no matter how many years have passed.
This change does not apply to abuse that happened before June 6, 2024. For older cases, the three-year discovery rule described above still applies.
What Is the Discovery Rule?
Washington uses what is called a “discovery rule” for childhood sexual abuse cases. This rule exists because the legislature found that victims often cannot connect their injuries to the abuse until many years later.
Some victims block out or forget memories of the abuse. Others remember the abuse but do not realize until much later that problems like depression, trouble with relationships, addiction, or difficulty raising children are tied to what happened to them as kids.
Under the discovery rule, the three-year filing window does not start until the victim makes the connection between the abuse and their injury. If a victim discovers a new or deeper injury years later, a new three-year window opens for that injury. The Washington Supreme Court has said that finding a less serious injury first does not prevent a victim from later filing over a more serious injury discovered down the road.
Does the Discovery Rule Apply to Claims Against Schools, Churches, or Other Groups?
Yes. In Wolf v. State (2023), the Washington Supreme Court held that the discovery clock for claims against a third party — like a school, church, or government agency — does not start until the victim connects their injuries to that party’s failure to protect them. This is separate from when the victim connects the injuries to the abuser.
So a victim might learn that the abuse caused their problems at one point, but not realize until later that a school or church was responsible for letting the abuse happen. The three-year clock for the claim against the school or church would start at that later date.
What If the Abuse Continued Into Adulthood?
In May 2025, the Washington Supreme Court ruled in M.R. v. State that RCW 4.16.340 applies to abuse that started when the victim was a child and continued after they turned 18, as long as it was part of the same pattern. The victim does not need to separate the childhood abuse from the adult abuse. The court said the discovery date can be based on the last act in the pattern, even if that act happened after the victim turned 18.
Criminal Prosecution for Sexual Abuse in Washington State
The criminal statute of limitations in Washington state is complex. For young children, any abuse of a child younger than 14 years of age may be brought to trial within either 3 years after their 18th birthday or 10 years after the crime itself, whichever one is later.
If the victim is over 14 years of age, the crime must be reported to law enforcement within 1 year of the abuse. Following that, there is a 10 year window for prosecution.
If the abuse is not reported within a year, the victim will only have 3 years from the date of the incident to press charges. It is also important to know that some of the most serious child sex crimes in Washington have no criminal statute of limitations at all. Rape of a child in the first, second, and third degree can be charged at any time, no matter how many years have passed.
Is There a Statute of Limitations on Child Molestation in Washington?
The Washington state statute of limitations on child molestation is within 20 years after the commission of the offense. If, however, the victim is under the age of 16, there is no time limit.
Do I Need a Washington State Criminal Attorney for Help on Sexual Abuse Case?
The rules governing sexual assault issues in Washington state are quite involved. If you have been a victim of sexual abuse, it is essential to consult with a Washington criminal lawyer who can advise you whether you will be able to hold the perpetrator accountable.
This is a difficult issue for victims to deal with and discuss with others. Because of this, many wait too long to file a report or complaint.
Your lawyer can help you file a lawsuit against your abuser, the individuals who enabled your abuser, or by discussing with you the complicated issue of statutes of limitations, and whether or not you can speak to a prosecutor about holding the individual or individuals criminally accountable. Time is of the essence in these cases, so it is important to talk to a lawyer as soon as possible.
