Heavensfield

Washington State Law RCW 9A.44 Sex Offenses

Washington State Law RCW 9A.44.010 Definitions

     (1) "Sexual intercourse" (a) has its ordinary meaning and occurs upon any penetration, however slight, and

     (b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and

     (c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

     (2) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

     (3) "Married" means one who is legally married to another, but does not include a person who is living separate and apart from his or her spouse and who has filed in an appropriate court for legal separation or for dissolution of his or her marriage.

     (4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.

     (5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

     (6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

     (7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.

Under §273.1 of Canada's Criminal Code and in reference to sexual assaults, "consent" refers to:

the voluntary agreement of the complainant to engage in the sexual activity in question.

Consent is not given if:

• It is given by someone else;
• The person is unconscious, drunk, stoned, or sleeping;
• It is an abuse of power, trust, or authority;
• The person does not say yes, says no, or through words or behavior implies no; or
• The person changes her or his mind.