Sex Offense Charges in Washington
Most of Washington’s sex offenses are defined in chapter 9A.44 RCW. Most are felonies, up to class A, and many require registration. Kimberly Exe defends people accused of:
- RapeFirst-, second- and third-degree rape
- Rape of a Child and Child MolestationAllegations involving children under 16
- Indecent LibertiesIncluding allegations involving incapacity or a position of authority
- Communication With a MinorCommunication with a minor for immoral purposes, including online
- Depictions of MinorsPossessing, viewing or dealing in depictions of minors
- Voyeurism and Indecent ExposureIncluding voyeurism allegations involving digital devices
- Failure to RegisterAlleged violations of sex offender registration requirements
Sex Offense Penalties and Registration
Sex offenses are sentenced under the Sentencing Reform Act, with additional rules that make them some of the most serious charges in Washington law.
Indeterminate sentences
Certain serious sex offenses, including first- and second-degree rape, first- and second-degree rape of a child, and first-degree child molestation, carry indeterminate sentences. The judge sets a minimum term, the maximum is the statutory maximum, and the Indeterminate Sentence Review Board decides when release is appropriate.
Sex offender registration
Most felony sex offense convictions, and some misdemeanor and gross misdemeanor convictions, require registration with the county sheriff under RCW 9A.44.130. Depending on the class of offense, the duty to register can last 10 years, 15 years or indefinitely. Registration affects housing, employment and travel, which is why negotiating to a non-registrable offense is often a central goal of the defense.
Community custody
Sex offense sentences typically include a period of community custody with conditions such as treatment, restrictions on contact with minors, and limits on internet use. Violating those conditions can lead to additional confinement.
The Special Sex Offender Sentencing Alternative (SSOSA)
For some people facing a first sex offense conviction, the Special Sex Offender Sentencing Alternative under RCW 9.94A.670 allows the court to suspend most of a prison sentence in exchange for a limited jail term, sex offender treatment and community custody.
Eligibility requirements include no prior sex offense convictions, an established relationship with or connection to the alleged victim, no substantial bodily harm, and a standard range that includes the possibility of confinement of less than eleven years. A psychosexual evaluation is required, and the court considers the alleged victim’s views. Whether to pursue SSOSA is a strategic decision that should be made with a defense attorney early in the case.
If You Are Under Investigation for a Sex Offense
Many sex offense cases begin with an investigation that lasts weeks or months before charges are filed. What you do during that period can shape the outcome.
- Do not speak with detectives, child protective services or other investigators without a lawyer, even to “clear things up.”
- Do not contact the accuser or their family. Be cautious about calls or messages from the accuser, which police sometimes use to gather recorded statements.
- Do not consent to searches of your phone, computer or accounts. Ask to speak with your attorney.
- Preserve evidence, including texts, emails, social media messages, photos, receipts and location data.
- Do not discuss the allegations on social media or with friends, whose conversations are not privileged.
Defending Against Sex Offense Allegations
Sex offense cases often turn on credibility, memory and the quality of the investigation rather than on physical evidence. In Kimberly’s words: “These allegations are extremely troubling for my clients to face. I bring sensitivity as well as effective defense strategies to my representation in these types of cases.”
Depending on the facts, the defense may involve:
- Close review of the accuser’s statements over time for inconsistencies and outside influences
- Evaluating whether forensic interviews of child witnesses followed accepted protocols
- Independent review of DNA, medical and digital forensic evidence by qualified experts
- Challenging warrants and searches of phones, computers and online accounts
- Preparing the case for trial, which strengthens the client’s position in any negotiation
Kimberly understands the stigma that comes with these allegations. Consultations are private, and information is handled with care. Please call rather than sending details through the website form.
Sex Crime Defense FAQs
Will I have to register as a sex offender?
It depends on the offense of conviction. Most felony sex offenses and some lesser offenses require registration. One goal of the defense, where the facts allow, is a resolution that does not carry a registration requirement.
Can sex offense charges be filed years after the alleged incident?
Yes. Washington has extended or eliminated the statute of limitations for many sex offenses, particularly those involving children, so charges can be filed long after the alleged events.
What if the accusation is false?
False and mistaken allegations do happen. The best response is a careful, independent investigation led by your attorney. Never try to resolve the situation yourself by contacting the accuser.
Is my consultation confidential?
Washington’s Rules of Professional Conduct require lawyers to protect information shared by prospective clients during a consultation. Because the website form is not a secure channel, please call to discuss the details of your situation.
This page provides general information about Washington law. It is not legal advice, and laws change. Contact the office to discuss the specific facts of your case.