The term “statutory rape” means that sex with a person below a certain age is automatically rape, because the child is legally unable to give consent to intercourse. The Washington State Criminal Code uses the term Rape of a Child instead of the term statutory rape. Rape of a child is based on the relative age of the alleged perpetrator and the alleged victim.
| Crime Charged | Age of Alleged Victim | Age of Alleged Perpetrator | Penalty and Sentence Range |
| Rape of a Child in the First Degree | Under 12 years old | At least 2 years older than alleged victim | Class A Felony, 7 to 25 years is the standard range, and up to life is possible. |
| Rape of a Child in the Second Degree | 12 to 13 years old | At least three years older than the alleged victim | Class A Felony, 6.5 to 23 years is the standard range, and up to life is possible. |
| Rape of a Child in the Third Degree | 14 to 15 years old | At least four years older than the alleged victim | Class C Felony, 1 to 5 years is the standard range. |
This is one of the most serious sex crime charges, because it rises above the level of child molestation. A defense to a child rape charge requires a careful attention to forensic evidence and the statements of the alleged victim and any potential witnesses.
A successful defense is based examining all of the prosecution’s evidence for flaws, particularly forensic evidence and the alleged victim’s testimony, while at the same time, undertaking an investigation of your own. Because sex crimes often involve false or mistaken testimony, it is vital to determine if the alleged victim or their family had any reason to accuse you, such as a custody dispute, a falling out, or some kind of serious rift. It is possible for child witnesses to make mistakes in their testimony, particularly when an adult has improperly elicited testimony from them. Your own defense investigation can uncover evidence that the prosecution investigation missed, for example: alternative suspects, additional forensic evidence, evidence that you could not have committed the crime, or evidence that could give a motive for false or mistaken testimony by a witness.
