How Much Do You Know About Washington's Child Rape and Molestation Laws?

Many of us were rattled in July 2010 when convicted child molester, John Cothern, was arrested in Queen Anne living only 500 feet from a school (in violation of Washington law). Although he was arrested for possession of child pornography, he admitted to having sex with 8 child victims. According to the Washington State Attorney General’s Office, 800 sex offenders are released into the community every year.

Many people are under the impression that child rape/molestation includes any improper physical contact between someone over the age of 18 with someone under the age of 18? Unfortunately this is not the rule and the laws are much more complicated than that. First degree child rape or molestation in Washington State involves the victimization of a child under 12! Second degree is under 14 but over 12 and 3rd degree under 16. A child under 18 but over 16 is protected by little more than a Sexual Misconduct law that is limited to being a Class C felony or Gross Misdemeanor depending on the count.

Here is a summary of Washington’s laws: RCW 9a.44 Sex Offenses.  http://apps.leg.wa.gov/rcw/default.aspx?cite=9a.44

• 1st Degree Child Rape – Child is less than 12, not married to the perpetrator and the perpetrator is at least 24 months older than the victim. It’s a Class A felony. RCW 9a.44.073
• 2nd Degree Child Rape – Child is less than 14 but over 12, not married to the perpetrator and the perpetrator is at least 36 months older than the victim. It’s a Class A felony. RCW 9a.44.076
• 3rd Degree Child Rape – Child is less than 16 but over 14, not married to the perpetrator and the perpetrator is at least 48 months older than the victim. It’s a Class C felony. RCW 9a.44.079
• 1st Degree Child Molestation – Child is less than 12, not married to the perpetrator and the perpetrator is at least 24 months older than the victim. It’s a Class A felony. RCW 9a.44.083

• 2nd Degree Child Molestation – Child is less than 14 but over 12, not married to the perpetrator and the perpetrator is at least 36 months older than the victim. It’s a Class B felony. RCW 9a.44.086

• 3rd Degree Child Molestation - Child is less than 16 but over 14, not married to the perpetrator and the perpetrator is at least 48 months older than the victim. It’s a Class C felony. RCW 9a.44.089

• 1st Degree Sexual Misconduct – Sexual intercourse with a child over 16 but under 18, not married to the perpetrator and the perpetrator is at least 60 months older than the victim and is in some type of supervisory position. It also covers school employees having intercourse with an enrolled student who is over 16 but under 21 or a foster parent with a child over 16 but under 18. It’s a Class C felony. RCW 9a.44.093

• 2nd Degree Sexual Misconduct – Sexual contact with a child over 16 but under 18, not married to the perpetrator and the perpetrator is at least 60 months older than the victim and is in some type of supervisory position. It also covers school employees having intercourse with an enrolled student who is over 16 but under 21 or a foster parent with a child over 16 but under 18. It’s a gross misdemeanor. RCW 9a.44.096

Can Sex Offenders Live Near Parks or Schools?

In Washington State, high-risk offenders cannot live with 880 feet of a school or day care center.

Two great websites to check out are the Washington Association of Sheriffs and Police Chiefs http://ml.waspc.org/ and family watchdog http://www.familywatchdog.us/