Seattle Sex Crimes Defense Attorneys

Under the law, no physical evidence is needed for many sex crimes, and no corroboration is needed for the accuser’s story. If the police/prosecutor believe your accuser, charges will get filed.

A little further down on this page you can read a few brief descriptions about some of the more common sex crimes in Washington. You can also see what sex crimes require registration on this page as well. For now, here is list of some of the more common sex crimes we see in Washington:

• Rape 1, 2, & 3
• Rape of a Child 1, 2, 3
• Child Molestation 1, 2, 3
• Sexual Misconduct with a Minor 1, 2
• Indecent Liberties
• Voyeurism
• Failure to register as a sex offender
• Communication with a minor for immoral purposes
• Possession of depictions of Minors engaged in sexually explicit conduct 1, 2

This of course depends on what charge you are facing. The best way to determine exactly what has to be proven is to look at the Washington Criminal Pattern Jury Instructions. These instructions list out an element by element breakdown of exactly what has to be proven against you for particular offenses. Rather than try to decipher this for yourself, simply give us a call and we will explain everything.

Two basic defenses are (1) a general denial of all allegations, or (2) you lacked the necessary intent or knowledge required to be considered guilty of what you have been accused of.

For intent/knowledge, there are ‘affirmative’ defenses for certain sex crimes. Ordinarily, the defendant has no burden of proof whatsoever, meaning that you are presumed innocent and it is up to the State of Washington to prove your guilt beyond a reasonable doubt (the highest standard of evidence that exists in the law). However, an ‘affirmative’ defense is an exception to this general rule. When applicable, if a defendant is making particular claims, he or she has the burden of proving these assertions to a jury by a ‘preponderance of the evidence.’ This is a much lower standard than ‘beyond a reasonable doubt.’

An example of this can be found in a case of a charge Indecent Liberties where this issue is whether the accuser had the capacity to consent:

RCW 9A.44.030(1) In any prosecution under this chapter in which lack of consent is based solely upon the victim's mental incapacity or upon the victim's being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the victim was not mentally incapacitated and/or physically helpless.

The consequences of a conviction vary greatly depending on the charge and other circumstances. We list some potential consequences here, but in order to get the more specific answers about your particular case, simply pick up the phone and give us a call.

• Jail/Prison Sentence
• Registration as a sex offender
• Felony Conviction, leading to loss of rights such a voting and possession of firearms
• Formal probation/Community Custody
• Counseling/therapy
• Alternative sentencing such as work release, electronic home monitoring, and/or community service
• Fines
• Loss of job

That depends on whether you are convicted of a sex crime and what that sex crime is. Further, Washington State has the following different levels of registration: Lifetime, Indefinite, 15 years, and 10 years. The duty to register begins after you are convicted and released from custody. Here are the lists:

Lifetime Registration

Determined to be a Sexually Violent Predator Indecent Liberties – With Forcible Compulsion (Including Attempt & Solicitation) Rape 1 (Including Attempt & Solicitation) Rape 2 – With Forcible Compulsion (Including Attempt & Solicitation)

Indefinite Registration

Assault 2 with Sexual Motivation Child Molestation 1 (Including Attempt & Solicitation) Kidnapping 2 with Sexual Motivation Promoting Commercial Sexual Abuse of a Minor Rape 2 – Without Forcible Compulsion (Including Attempt & Solicitation) Rape of a Child 1 & 2 (Including Attempt & Solicitation) Any sex or kidnapping offense where defendant has one or more prior conviction for a sex or kidnapping offense

15 Year Registration

Child Molestation 2 Commercial Sexual Abuse of a Minor Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 1 Failure to Register as a Sex Offender (third or subsequent violation committed on or after 6/10/2010 Incest 1 Indecent Liberties – Without Forcible Compulsion Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 1 Promoting Prostitution 1 Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 1 Sexual Exploitation of a Minor Viewing Depictions of Minor Engaged in Sexually Explicit Conduct 1

10 Year Registration

Child Molestation 3 Communication with Minor for Immoral Purposes (felony or misdemeanor) Criminal Trespass Against Children Custodial Sexual Misconduct 1 Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 Failure to Register as a Sex Offender (Second violation committed on or after 6/10/2010) Incest 2 Possession of Depictions of Minor Engaged in Sexually Explicit Conduct 2 Promoting Prostitution 2 Rape 3 Rape of Child 3 Sending, Bringing into the State Depictions of Minor Engaged in Sexually Explicit Conduct 2 Sexual Misconduct with Minor 1 & 2 Sexually Violating Human Remains Viewing Depictions of Minor Engaged in Sexually Explicit Conduct 2 Voyeurism Attempt, solicitation, or conspiracy to commit a class C sex offense

Because every case has its own unique set of facts and circumstances, it’s not possible for us to tell you what result you will get on your particular case until we have had a chance to fully litigate it. That said, here are some potential results; all of which we have achieved for our clients:

• Dismissal of charges in the pre-trial stages
• Special Sex Offender Sentencing Alternative (SSOSA)
• Reduction of charges
• First Time Offender Waiver (if no prior record)
• Reduction of penalties
• Not guilty verdict after trial
• Hung Jury leading to Mistrial
• Guilty verdict after trial

Simply give us a call for a full explanation of what these outcomes mean and how we can achieve them.

Washington has some of the strongest sex offender registration and notification laws in the nation and was the first state to implement involuntary civil commitment for what the state labels the “most dangerous sexual predators.” After you are convicted of a sex crime and get sentenced to prison, if you are labeled as a “Level 3 offender” (the highest risk of reoffending) then prior to your release from custody, you must undergo a review to determine whether or not you should be referred for possible civil commitment to the McNeil Island Special Commitment Center (SCC) as a sexually violent predator. Washington State law defines an SVP as any person:

• Who has been convicted of or charged with a crime of sexual violence; and
• Who suffers from a mental abnormality or personality disorder;
• Which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

If a judge finds offenders meet this criteria, they are held indefinitely at the SCC until their mental condition improves such that they may be released into society. If you are in danger of an SVP commitment, contact us so we can talk to you about how we can help you try to avoid this.

A Psychosexual evaluation is when you sit down with psychologist to undergo questioning and testing, including a “sexual history” polygraph. There are a few doctors in Washington that are highly respected by the courts and prosecutor’s alike. You have to pay for these evaluations separately and it’s important to know that you are not paying the doctor to write a favorable report for you. Rather, the report will be an honest evaluation based on their professional opinions. Thus, it’s important to be be prepared for these interviews and also know when it’s a good idea NOT to do them. There are number of other important things to discuss in relation to these tests, and we would be happy to do so as part of a free consultation.

SSOSA is essentially a way to avoid a potentially lengthy prison sentence by undergoing treatment instead (although you could still be facing up to a year in county jail). In addition to possible county jail, a sentence to state prison will also be imposed, but it gets “suspended” pending successful completion of treatment (meaning you never have to serve the prison sentence).

Many sex crimes could potentially qualify for SSOSA, but not Rape 2 nor any other sex offense that is also considered to be a “serious violent offense.” If you are eligible based on your alleged offense, you must also meet the following criteria:

• If the conviction is a result of a guilty plea, you must fully admit that you committed the crime alleged.  In other words, you cannot enter a plea of “no contest”
• No prior convictions for a sex crime
• No violent crime convictions within the past five years
• No substantial bodily harm to the victim
• The victim was not a stranger to you; there was some sort of established relationship/connection to the victim
• Your standard sentencing range for the offense you are convicted of includes the possibility of less than 11 years in prison

It’s important to note that even if you are eligible for SSOSA, it does not mean you will get it, or that you even want to get it for that matter. It takes an experienced attorney to evaluate your case and then give you advice as to whether SSOSA is a good option for you or not. If it is, then we will make sure all the appropriate steps are being taken to give you the best possible chance of getting this resolution.

Sex offenses are not eligible for FOSA, unfortunately.