Washington state laws on dating a minor
This offense is a class A felony, which incurs a fine of up to ,000, up to life in prison, or both.
Second degree rape of a child occurs when there is sexual intercourse between a minor who is 12 or 13, and a defendant who is at least three years older than the minor.
Amount: less than 40 grams • Penalty: up to 6 months’ incarceration • Fines: ,000 • Classification: Felony 4.
In Washington, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
But in Washington, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.
Those who break the law have committed statutory rape.(There are also “Romeo and Juliet” exceptions, discussed below, for parties who are close in age.) But if Jen and Tony are married and living in Washington, Tony need not fear criminal charges for having consensual sex with Jen.This is because Washington has a marital exemption to the state’s statutory rape laws.Washington has a marital exemption for statutory rape, which allows consensual sex between a married 16 or 17 year old and the adult spouse, even though their ages would prohibit it if they were not married.Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 14 year old willingly has sex with Tony, her 19 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.