What Are the Age of Consent Laws?
Age of consent laws are statutes that define the age at which an individual is considered legally competent to consent of their own volition for sexual acts. This means that any individual below the age described in the statutes is incapable of providing the proper consent, therefore making any sexual interaction with that person a form of statutory sex offense. Statutes will vary between jurisdictions, but most follow a similar pattern of assigning a different age for males and females or requiring both parties to be above a certain age threshold for an interaction to be considered consensual.
The purpose of such statutes is to ensure that matters of sexual conduct are not decided by a minor , and that a minor is protected against unwanted sexual activity until the time they are mature enough to make decisions regarding their own bodies. Generally, an age of consent law will have age thresholds to protect individuals who are too young to provide understanding consent. Such laws do not prevent individuals from engaging in sexual activity: rather, it exists to protect individuals from the consequences of not being able to provide consent, from an authority figure or coercing them into acts.
Statutory rape, where one party is less than the age of consent, requires no proof of force, coercion or violence. A similar statute for an individual incapable of providing consent due to mental deficiency, mental illness or intoxication requires that there was an element of coercive force or restraint.
Washington Law on Age of Consent
In Washington State, several statutes define the legal age of consent. An influx of statutes RCW 9A.44.010 through 7 new laws during the 2012 legislative session has provided greater scope regarding "sexual contact," promotion of sexual performance and child pornography. Statute RCW 9A.44.003 specifies that a minor is someone who is less than 18 years old. The term "minor" is also defined by statute RCW 74.13.020(2)(a) as a person under 18 years of age whose parent or parents, if living, cannot be located or are unable to care for him or her.
The legal age of consent in Washington is 16 years of age. However, the Revised Code also specifies the legal age of consent for sexual contact with minors involving sexual intercourse, sexual exploitation, associated with child pornography and sexual performance. Sexual contact, as it pertains to married persons, is defined in statute RCW 9A.44.010 as both sexual intercourse and sexual contact in the context of married persons. The term "sexual contact" is defined regarding criminal law matters (such as forcible and non-consensual related to the "statutory rape" of minors). Under these circumstances, a person must be 18 years of age, and the term "sexual contact" pertains to any form of touching the genitals or anus of a person with the intent of having sexual contact with that person. In the case of minors, the minor must be under the age of 16 and it is a matter of criminal incest, which may overlap with sexual child abuse (as defined by the Department of Social and Health Services, Children’s Administration Internet Crimes Against Children Task Force). It also may involve Promotion of a Sexual Performance crime, such as child porn. And as mentioned, minors include those under the age of 18, pursuant to RCW 74.13.020(2)(a) and (b), concerning the meaning of a minor in the context of the Child Protective Services (CPS) program from the WAC regarding a minor child.
To complicate things further, the legal age of consent also involves the "close-in-age" provision, which under statute RCW 9A.44.096 excludes from the definition of statutory rape of a minor in the cases of a minor who is 16 or 17 years of age, and in the context of voluntary sexual conduct, if the defendant is "less than 60 months older than the minor, and if the other circumstances of the offense do not amount to aiding or abetting." In other words, a minor engaging in sexual activity with an adult (or vice versa), in the context of being charged with a crime, even if no one called police or filed a "Jane Crowe" report (Washington Legislature regarding a fictitious individual to keep data anonymous), may fall under close-in-age, since there is a five-year gap that permits persons of both ages to engage in voluntary sexual conduct without prosecution.
Factors in Consent Laws
The decision by legislators to establish the legal age of consent can be traced through the ages. Social pressures in antiquity, linking to incest and the passing on of wealth and power, have continued to impact through the Middle Ages to modern day through the establishment of marriage laws.
Prior to the mid-20th century, the laws on the age of consent were introduced solely on the basis of gender standards. For example, in 19th century England, the age of consent was set at 12 for girls, but 14 for the boys.
In the US, the establishment of laws regarding sexual abuse of minors covers a very wide range of actions borne on minors. While these laws have been updated to reflect contemporary social mores, they were based on earlier acts that have shaped the modern understanding of what is appropriate for minors. For example, many of the laws and regulations regarding the age of consent were first encompassed in the Progressive Era, around the turn of the 20th century. During this time, the traditional view was one where women needed to be protected from unscrupulous men while minimizing sexual functions.
These laws focused almost entirely on women, reflecting the social perception of that era. Although girls were identified in these laws as potential victims, they were not considered to be capable of being offenders. The laws continued to reflect the perspective of the time by making distinctions between men and women in the age of consent. As noted above, prior to the 1900s, the age of consent for men was typically set 2 years higher than for women.
During the 19th century, states began to raise the minimum legal age of consent. Over a half century later, in 1956 Washington passed an act making the minimum age of consent 16 for both sexes. This statute has not been amended since then.
In the current climate with revelations of physical and sexual abuse of minors, particularly against Catholic clergy and political figures, it is likely that this law will come under scrutiny. The fact that this matches the average age for statutory rape to occur may also prompt legislators to take some action.
Penalties for Breaking Consent Laws
If you are found to have violated any of the aforementioned consent laws, you could easily find yourself in legal hot water. Although the penalties vary greatly depending on the statute you are charged under and the ages of the individuals involved, there are some severe consequences that everyone should be aware of:
Under RCW 9A.44.010, the penalties largely depend on the ages of the parties involved. If both are over 16, the crime is usually considered a class C felony, punishable with up to 5 years in prison and/or a fine of $10 , 000. Any sex crimes involving a minor also tend to be class A felonies, for which a conviction can lead to a prison sentence of 5 to 99 years as well as significant fines and long-term consequences.
If you are convicted of violating any of these laws, it is likely that you will have to register as a sex offender. You must re-register as a sex offender every year after that, and you could go to prison for failing to do so. Failure to register can lead to a class C felony charge and a prison sentence of up to 5 years, although some convictions can mean prison terms of up to 15 years or more.
Age of Consent Comparisons Between All States
In examining the age of consent laws from a nationwide perspective, Washington is somewhat of a mid-level state. The Washington age of consent is 16, which is neither the youngest nor the eldest. Though if you were to count every age-of-consent law, you would find that many states below 20 years old are either 16 or 17; a few are even 15. The highest age of consent in the country is 18, which is present in several states in the deep south, including Arkansas, Florida and West Virginia.
Almost all states define their age-of-consent restrictions in terms of sexual intercourse, but one state takes its sexual activity laws a step further. In the state of Montana, an unenforced statute states that no person less than 16 years old shall be permitted to undress before a member of the opposite sex. Violations of this statute are a misdemeanor and punishable by a fine. However, the law has never been explicitly enforced.
Consult an Attorney
Attorneys or other legal professionals in the state of Washington who can provide more in-depth and tailored legal advice are available for individuals or community organizations who would like to reach out to legal professionals after reading this post. Legal counsel may have a better knowledge of your circumstances and any local ordinances that may affect the law referenced in this post.
If you, or someone you know, is dealing with age of consent issues, there are many resources available to help you get the legal advice or support you need . The following is a list of some of these resources: Washington Coalition of Sexual Assault Programs, Inc., (Clark County crisis center with 24-hour hotline) clarksexualassaultcenter.org; End Abuse of Women Foundation of Washington State, www.researchgate.net/publication/261610031_End_Abuse_of_Women_Foundation_of_Washington_State_Energy_and_Focus_Summary_of_March_2014_Surveys_of_Regional_English_Spanish_Abuse_Programs; Northwest Justice Project (North Puget Sound), www.nwjustice.org/; and the Washington Coalition of Sexual Assault Programs, www.wcasp.org/get-help/get-legal-help/sexual-assault-legal-options-wa.