In general, sexual abuse is defined as any sexual act engaged in with the intent to do any of the following to another individual:
- Abuse;
- Humiliate;
- Harass; or
- Degrade.
The state laws that govern criminal sexual abuse may vary depending on whether the victim of the abuse is a minor or an adult. Child sexual abuse is often referred to as child molestation.
Adult sexual abuse may also be referred to as aggravated sexual assault or rape. An individual perpetrates sexual abuse on another individual when they:
- Cause another individual to engage in any sexual act by threatening or causing fear in that other individual; or
- They engage in a sexual act with another individual who is incapable of comprehending the exact nature of the conduct or who is physically incapable of communicating their unwillingness to engage in a sexual act.
What Is Sexual Assault?
Sexual assault is any sexual activity that occurs without the uncoerced and clear consent of all of the parties who are involved. Sexual assault is a crime in all states.
Sexual activity with individuals who are unable to consent is forbidden. Individuals who are considered to be unable to consent to sexual activities include individuals who are:
- Mentally ill;
- Under the age of 18; or
- Intoxicated.
There are several acts that are considered to be sexual assault, including, but not limited to:
- Rape;
- Molestation;
- Forced sodomy; and
- Incest.
What Are Some Other Classifications of Sexual Abuse?
The majority of states define incest as sexual relations that occur with a close family member. An individual commits incest when they engage in a sexually inappropriate act with a family member or an extended family member.
In order to accomplish this, the perpetrator of incest abuses their authority or an ongoing emotional bond with their relative. What is considered a close family member may vary by state, but, in general, includes:
- Parents;
- Grandparents;
- Siblings;
- Aunts and uncles; and
- Nieces and nephews.
Aggravated sexual abuse occurs when an individual uses force against a victim or threatens them, causing them to fear:
- Kidnapping;
- Serious bodily injury; or
- Death.
This type of abuse may also occur when an individual knowingly renders a victim unconscious and then proceeds to engage in a sexual act. One additional example of aggravated sexual abuse includes administering an intoxicant or drug to an individual without their consent, impairing the victim’s ability to control their conduct, then engaging in sexual acts with them.
Another example of a classification of sexual abuse is indecent exposure. This is often referred to as lewd and lascivious behavior.
Indecent exposure occurs when an individual displays their genitalia to one or more individuals in a public place, with the intent to shock the viewer and attain sexual arousal.
Voyeurism occurs when an individual observes unsuspecting individuals while they are either naked, disrobing, or engaging in sexual activity for the purposes of seeking sexual excitement.
Is There a Statute of Limitations on Sexual Abuse in Washington?
Yes, there is a Washington state statute of limitations (SOL) on sexual abuse. There is a statute of limitations from criminal charges as well as civil lawsuits and they are complex.
When an individual is considering pursuing a case, it is important for them to keep the statute of limitations in mind. It is important to note that, with respect to the criminal statute of limitations, the time begins running at the time of the criminal offense.
In addition, the SOL that will apply is the one that was in force at the time the incident occurred. While the SOL may be lengthened, if the time ran out, it cannot be lengthened or restarted.
Whether or not this applies in civil cases is still being debated.
Washington State Civil Lawsuits for Sexual Abuse
For many years, the State of Washington required individuals who sought to hold an alleged abuser accountable to file their claim within 3 years of their 18th birthday. Washington state is one of the numerous states that has incorporated a delayed discovery rule into its statute of limitations.
Delayed discovery is used to take into account the nature of sexual abuse and how memories of an event may be:
- Blocked;
- Repressed; or
- Otherwise forgotten.
Therefore, prosecution of an abuser is permitted within 3 years of the date that the memories are discovered, often through some type of therapy. The State of Washington provided additional victim’s rights.
Although this type of situation is common, many individuals that have not repressed memories have lived in ignorance of the damage the abuse has had on other aspects of their lives, including things like:
- Intimacy issues;
- Problems with child rearing;
- Depression; or
- Arrested development.
The State of Washington provided another exception to allow the SOL to run 3 years from the discovery of the causal relationship between injury and abuse. This means that if the memories are not discovered by the causal relationship between suffering and abuse and shows signs of injury, it is sufficient to toll the SOL.
These rules may also apply to negligent third parties, including school officials or church officials. These requirements were confusing, so, in 2013, the Washington legislature changed the laws. Under the new laws, a victim has until they turn 30 years of age to bring their lawsuit.
The civil sexual assault statute of limitations in Washington provides that when a victim discovers, or should have reasonably discovered, the injury that was caused by the sexual abuse, they have 3 years to file a lawsuit.
Criminal Prosecution for Sexual Abuse in Washington State
The criminal statute of limitations in Washington state is complex. For young children, any abuse of a child younger than 14 years of age may be brought to trial within either 3 years after their 18th birthday or 10 years after the crime itself, whichever one is later.
If the victim is over 14 years of age, the crime must be reported to law enforcement within 1 year of the abuse. Following that, there is a 10 year window for prosecution.
If the abuse is not reported within a year, the victim will only have 3 years from the date of the incident to press charges.
Is There a Statute of Limitations on Child Molestation in Washington?
The Washington state statute of limitations on child molestation is within 20 years after the commission of the offense. If, however, the victim is under the age of 16, there is no time limit.
Do I Need a Washington State Criminal Attorney for Help on Sexual Abuse Case?
The rules governing sexual assault issues in Washington state are quite complex. If you have been a victim of sexual abuse, it is essenal to consult with a Washington criminal lawyer who can advise you whether you will be able to hold the perpetrator accountable.
This is a difficult issue for victims to deal with and discuss with others. Because of this, many wait too long to file a report or complaint.
Your lawyer can help you file a lawsuit against your abuser, the individuals who enabled your abuser, or by discussing with you the complicated issue of statutes of limitations, and whether or not you can speak to a prosecutor about holding the individual or individuals criminally accountable. Time is of the essence in these cases, so it is important to talk to a lawyer as soon as possible.
