Understanding Washington State’s sexual assault and rape lawyers could help you understand your legal options and how to proceed with a sexual abuse case. You could proceed with a criminal or civil case or pursue both based on the abuse you endured.
While we answer a number of frequently asked questions (FAQs) in this article, we can address your concerns unique to your case during a free initial case consultation. Our sexual abuse lawyers represent survivors of sexual assault and rape in Washington State.
Washington State Defines Sexual Assault and Rape as Non-Consensual Acts
Our attorneys believe that understanding the state’s sexual assault and rape laws empowers sex abuse survivors to make decisions about proceeding with a case based on their rights and the abuse they endured.
In Washington State, all unwanted sexual contact falls under the same statute. Under WAC 478-121-150, sexual assault is defined as any sexual contact without the other party’s full consent. This includes those who are minors, incapacitated, or otherwise cannot give consent for sexual activity.
Under this law, anything from intentionally touching someone else’s body to rape could be sexual assault. Sometimes, additional criminal charges could apply, too. It is important to note that this is the criminal definition of sexual assault and rape. While it helps us better define what occurred, we do not have to prove this law was broken to hold the liable parties accountable in civil court.
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You Have a Limited Time to File a Lawsuit – But Longer than You May Think
Like other states, Washington limits how long you have to file a case against your abuser or other liable parties. Most states have one statute of limitations for a criminal case and one for civil cases. Exceptions could exist to both time limits.
Washington State lawmakers eliminated the statute of limitations for criminal actions against those accused of child sex abuse in 2019. This applies to those who were under the age of 16 when the abuse occurred. They also extended the deadline for claimants aged 16 and older to 20 years from the last instance of abuse.
The deadlines for civil cases are generally shorter in Washington State, although these laws are complex. This is because they recognize that the discovery of emotional and psychological injuries from these cases often comes much later.
Per RCW 4.16.340, the deadline for childhood survivors of sexual abuse does not come until the survivor both turns 18 and recognizes the injuries they suffered.
Recently, lawmakers have tried to remove all statutes of limitations on child sex abuse civil cases, but this has not been successful as of October 2023. HB 1618 is still under review in the State House.
When you work with a sexual abuse lawyer, they manage your civil case. This includes assessing your deadlines and ensuring you meet them when possible which are essential to retaining the right to sue and hold the liable parties accountable.
Civil Cases and Criminal Cases Are Two Separate Matters
Our sexual assault and abuse lawyers believe it is imperative to seek justice for sex abuse survivors. We understand the role that holding the abusers and other liable parties accountable can have for survivors’ healing. Often, the current laws allow survivors to pursue and win one of these cases.
There are significant differences in the criminal and civil cases you should understand before beginning your case, however. The laws that define how each case works differ, and this could affect the outcome of your case.
In a criminal case, the evidence must show that the perpetrator violated sexual assault and rape laws or committed a related crime. The abuser is generally the only party charged unless there is clear evidence to show other individuals participated in the abuse and committed crimes. If the survivor wins the case, the accused party could face various criminal penalties, such as life in prison.
In a civil case, we only need to provide evidence to show negligence occurred and that the actions of the accused parties caused or failed to prevent the physical and emotional injuries suffered by the survivor. This makes it possible to hold both the abuser and other parties—including organizations and institutions—legally accountable. If the survivor wins the case, they will recover fair compensation based on their expenses and losses incurred.
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How Can I Learn More About My Options for Pursuing a WA Sex Abuse Case?
If you are a sexual abuse survivor in Washington State, our team is here for you. We provide free initial consultations. You do not have to wonder about your rights or your options. We will meet with you confidentially to assess your case and discuss your next steps.
We understand how difficult it can be to come forward and talk about the abuse you endured. Our team aims to provide a compassionate, supportive environment where you feel at ease sharing the details of your abuse and asking your most pressing questions.
There is no obligation to proceed with your case following a free consultation. Our team can meet with you to talk about your civil case and whether you can file a lawsuit based on Washington State sexual assault and rape laws, civil statutes of limitations, and other laws.
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Discuss Your Legal Options With Our Sexual Abuse Attorneys for Free
Van Law represents sexual abuse survivors in lawsuits against abusers and other liable parties in Washington State. Our Washington personal injury lawyers believe in getting justice for clients who suffered physical, psychological, and emotional injuries because of an abuser. We represent adults, teens, and children who endured sexual abuse, regardless of their age today.
We go to work with no upfront costs to our clients and work based on contingency fees.
Contact us today for a free, no-obligation, confidential consultation. Throughout our partnership, we intend to uphold your constitutional rights during this challenging time, and our team will be with you during your case very step of the way.
No obligation consultations are always free.
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