Sexual Assault & Abuse
Spokane Sexual Assault & Abuse Attorneys
Experienced & Reliable Legal Defense
Do not underestimate the consequences of a sexual assault or abuse charge. Even if you are not convicted, being accused of these types of crimes can ruin your reputation, destroy relationships, and damage your career. A conviction can lead to lengthy prison sentences, sex offender registration, and a host of other penalties that can make it difficult to rebuild your life.
At Maxey Law Office PLLC, we understand the serious nature of sexual assault and abuse cases. Our Spokane sexual assault defense lawyers are prepared to fight your charges and protect your rights. We have the experience and knowledge to handle even the most complex cases.
Call (509) 652-3330 or online for a confidential review of your case.
What is Sexual Assault & Abuse?
Sexual assault and sexual abuse are criminal offenses that involve non-consensual sexual contact or behavior. In Washington, these crimes are referred to as sexual offenses. Depending on the details of the case, sexual assault and sexual abuse can be charged as either a misdemeanor or a felony.
Just a few examples of sexual offenses include:
- First-degree rape
- Second-degree rape
- Third-degree rape
- First-degree child molestation
- Second-degree child molestation
- Third-degree child molestation
- Incest
- Indecent liberties
- Sexual misconduct with a minor
- Sexual exploitation of a minor
- Commercial sexual abuse of a minor
What is the Difference Between Sexual Assault & Sexual Abuse?
In Washington, sexual assault and sexual abuse are defined as follows:
- Sexual Assault: Sexual assault is the term used to describe non-consensual sexual contact between two people who are not married or in a romantic relationship. This crime occurs when one person forces or coerces another person to engage in sexual activity without his or her consent. Sexual assault is not limited to rape; it can also involve unwanted touching or other sexual contact. Sexual assault charges are only appropriate when the alleged victim is at least 16 years old. If the alleged victim is under the age of 16, the offense is referred to as child molestation or child rape, depending on the details of the case.
- Sexual Abuse: Sexual abuse is the term used to describe non-consensual sexual contact between two people who are married or in a romantic relationship. This crime occurs when one person forces or coerces his or her spouse or romantic partner to engage in sexual activity without his or her consent. Sexual abuse charges are only appropriate when the alleged victim is at least 16 years old. If the alleged victim is under the age of 16, the offense is referred to as child molestation or child rape, depending on the details of the case.
What is the Statute of Limitations on Sexual Assault & Abuse in Washington?
In Washington, the statute of limitations on sexual assault and abuse crimes depends on the specific offense.
The statute of limitations on sexual assault and abuse crimes in Washington is as follows:
- Rape, Child Rape, and Rape of a Child: There is no statute of limitations on rape, child rape, or rape of a child in Washington state. This means that charges can be filed at any time, regardless of how long ago the alleged offense occurred.
- First-Degree Child Molestation: There is no statute of limitations on first-degree child molestation in Washington state. This means that charges can be filed at any time, regardless of how long ago the alleged offense occurred.
- Second-Degree Child Molestation: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Third-Degree Child Molestation: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Incest: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Indecent Liberties: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Child Molestation: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Sexual Misconduct with a Minor: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
- Commercial Sexual Abuse of a Minor: Charges can be filed within 10 years of the alleged victim's 18th birthday or within one year of the date the offense is reported to law enforcement, whichever is later. However, charges cannot be filed more than 10 years after the alleged victim's 18th birthday, regardless of when the offense was reported to law enforcement.
What are the Penalties for Sexual Assault & Abuse in Washington?
The penalties for sexual assault and abuse in Washington depend on the specific offense, as well as the defendant's criminal history. In general, these crimes are charged as felonies, which means that a conviction can result in a lengthy prison sentence and other significant penalties.
The potential penalties for sexual assault and abuse in Washington are as follows:
- First-Degree Rape: A conviction for first-degree rape can result in a sentence of life in prison.
- Second-Degree Rape: A conviction for second-degree rape can result in a sentence of up to life in prison.
- Third-Degree Rape: A conviction for third-degree rape can result in a sentence of up to five years in prison.
- First-Degree Child Molestation: A conviction for first-degree child molestation can result in a sentence of up to life in prison.
- Second-Degree Child Molestation: A conviction for second-degree child molestation can result in a sentence of up to 10 years in prison.
- Third-Degree Child Molestation: A conviction for third-degree child molestation can result in a sentence of up to five years in prison.
- Incest: A conviction for incest can result in a sentence of up to 10 years in prison.
- Indecent Liberties: A conviction for indecent liberties can result in a sentence of up to 10 years in prison.
- Sexual Misconduct with a Minor: A conviction for sexual misconduct with a minor can result in a sentence of up to five years in prison.
- Commercial Sexual Abuse of a Minor: A conviction for commercial sexual abuse of a minor can result in a sentence of up to life in prison.
If you have been charged with sexual assault or abuse, contact Maxey Law Office PLLC at (509) 652-3330 to schedule a consultation with an experienced sexual assault defense lawyer in Spokane.
How to Defend Against Sexual Assault & Abuse Charges
The specific defenses available in your sexual assault or abuse case will depend on the unique circumstances involved. However, our team can use a number of different strategies to fight your charges and work to get them reduced or dismissed entirely.
Some of the most common defenses in sexual assault and abuse cases include:
- Consent: If you can prove that the alleged victim consented to the sexual activity in question, you may be able to avoid conviction. However, consent is not a valid defense in cases involving minors, as the law states that minors are unable to legally consent to sexual activity.
- Mistaken Identity: Mistaken identity is a common defense in sexual assault and abuse cases. If you can show that the alleged victim is mistaken and that you are not the person who committed the crime, you may be able to avoid conviction. This defense is particularly effective when the alleged victim did not know the perpetrator well or the crime occurred in a crowded place.
- False Accusations: Unfortunately, false accusations of sexual assault and abuse are not uncommon. In some cases, alleged victims make false allegations due to jealousy, anger, or revenge. In other cases, false accusations are made because the alleged victim was coerced or threatened by someone else. If you can show that the alleged victim has a motive to lie or that he or she was coerced or threatened into making false allegations, you may be able to avoid conviction.
- Police Misconduct: Police misconduct is another common defense in sexual assault and abuse cases. If the police violated your constitutional rights during the course of the investigation, any evidence they collected may be inadmissible in court. This could lead to your charges being reduced or dismissed entirely.
What to Do If Falsely Accused of Sexual Assault & Abuse
Being falsely accused of sexual assault or abuse is a serious matter. These allegations can ruin your reputation, destroy relationships, and result in significant criminal penalties. If you have been falsely accused of sexual assault or abuse, it is important to take the situation seriously and contact an attorney as soon as possible.
Here are some steps you should take if you have been falsely accused of sexual assault or abuse:
- Do Not Contact the Alleged Victim: If you have been falsely accused of sexual assault or abuse, it is important to avoid contacting the alleged victim. Anything you say to the alleged victim could be used against you in court, so it is best to avoid all contact until you have spoken to an attorney.
- Do Not Speak to the Police: If the police contact you about the allegations, you should refuse to answer any questions until you have spoken to an attorney. It is important to remember that the police are not on your side and will be looking for any evidence they can use to support the allegations. Anything you say to the police could be used against you in court.
- Hire an Attorney: If you have been falsely accused of sexual assault or abuse, it is critical to hire an attorney as soon as possible. An experienced attorney can help you understand your rights and develop an effective defense strategy. Your attorney can also handle all communication with the police and the prosecution, which can help protect your interests.
- Collect Evidence: If you have been falsely accused of sexual assault or abuse, it is important to collect any evidence that could help prove your innocence. This could include text messages, emails, social media posts, or other documents that demonstrate the alleged victim is lying or has a motive to lie.
- Identify Witnesses: If you have been falsely accused of sexual assault or abuse, it is important to identify any witnesses who can support your version of the events. This could include friends, family members, coworkers, or other people who were present when the alleged offense occurred.
- Stay Off Social Media: If you have been falsely accused of sexual assault or abuse, it is important to stay off social media. Anything you post on social media could be used against you in court, so it is best to avoid all social media platforms until your case is resolved.
Why You Need a Lawyer for Sexual Assault & Abuse Charges
Sexual assault and abuse charges are extremely serious. A conviction can result in a lengthy prison sentence, sex offender registration, and a host of other penalties that can make it difficult to rebuild your life. If you have been charged with sexual assault or abuse, it is critical to hire an attorney who understands the complexities of these types of cases and can provide the aggressive and skilled defense you need.
At Maxey Law Office PLLC, we have extensive experience handling sexual assault and abuse cases. We understand the importance of a strong defense and are prepared to fight for your rights. We will thoroughly investigate your case, including reviewing all of the evidence against you, and develop an effective defense strategy. Our team will work tirelessly to get your charges reduced or dismissed entirely.
If you have been charged with sexual assault or abuse, contact Maxey Law Office PLLC at (509) 652-3330 to schedule a consultation with an experienced sexual assault defense lawyer in Spokane.
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