Washington Consent Laws: The Definitive Guide

What Are the Washington State Consent Laws?

An essential part of navigating the legal landscape is understanding the complexities of consent laws. In general, consent laws govern the age at which an individual is considered capable of giving legally valid consent to various activities, from medical decisions to financial agreements and, in this context, sexual relations. In Washington State, as in many jurisdictions, these laws are designed to protect individuals who may not have the capacity, due to their age or other factors, to provide informed consent. It is important to understand the nuances of these laws in order to stay on the right side of the legal system and avoid potential criminal charges.
In Washington, the age of consent is 16 years for sexual activity. However, there are multiple layers to the consent laws that are important to understand. The concept of legislative consent is central to how the law is structured . If legislative consent is given for a specific relationship or activity, the law does not determine whether an individual is of a certain age to give consent. For example, with respect to marriage, parental consent is given through a legal process, and therefore it carries overriding authority. In the context of sexual activity, on the other hand, the law does not authorize sexual relations with a minor, even if parental consent is given. Exceptions are made for specific relationships within the confines of the law. Thus, the law establishes the conditions under which individuals are protected by legislative consent and under which criminal penalization is rendered moot.
This article will explore Washington consent laws in detail, guiding you through the various aspects of consent based on the nature of the relationship or activity. Doing so will provide you with a complete understanding of consent laws in Washington and how they apply to you.

Washington State Age of Consent

Washington’s laws surrounding consent differ than that of most other states. For example, Washington is one of the few states that does not recognize a "Romeo and Juliet" law to protect underage couples from unlawful carnal knowledge statutes. This law prescribes penalties for sexual conduct with a person below the age of consent.
Age of consent is defined as:
"In Washington, the age of consent is 16 (sixteen) years of age. This means that those at or above the age of 16 can have sexual relations with another individual at or above the age of 16, even if their ages or the age difference between them may not be legally permissible in other states.
Further, any sexual relation with those below the age of consent could result in serious criminal charges. The severity of such charges and the resulting punishment depend on the age of the parties involved. For example, sexual conduct with an individual below the age of 11 results in a class A felony charge. This is the most severe felony charge in Washington. It is punishable by a 20 year prison sentence and/or a fine of $50,000. An individual engaging in sexual conduct with another individual below the age of 16 results in a class B felony charge. This is a Level 4 felony and is punishable by a 10 year prison sentence and/or a fine not exceeding $20,000.
In addition to class B felony drug charge, an individual convicted of sexual conduct with an individual below the age of 16 may also face additional consequences. First, they may be convicted of a sex offense. This not only serves to enhance any possible punishments, but it can also limit options such as:
Furthermore, any individual convicted of such a sex crime will be required to register for the Washington State Sex Offender Registry. The sex offender registry is a public platform and a convicted party’s personal information, such as their name, address, and photograph, will be publicly posted along with their offense and conviction details.
The minimum age of consent in Washington is 16. However, there are certain exceptions to this rule.
First, there is a "close in age" Exempt crime. This exempts those individuals who engage in sexual relations with a party within 48 months of their 16th birthday. This is generally treated as a misdemeanor and is known as "close in age" crimes. In addition to standard punishment, the parties involved may also be subject to a mandatory 2-year sex offender registration requirement.
The following are additional exceptions to the age of consent:
The Deferral Hearing Program permits first time offenders charged with misdemeanor sexual conduct offenses to move on with their lives without a conviction and permanent record. Washington permits first-time offenders charged with sexual conduct crimes to have their case dismissed in exchange for participating in a defferal hearing program. If you successfully complete the terms of your program, the charge(s) against you will be dismissed and will not appear on your criminal record.
The final annotative exclusion to the age of consent exemption is outlined in RCW 9A.44.130, which reads as follows: A person is not guilty of sexual misconduct with a minor in the second degree under RCW 9A.44.093 on the basis of a mistake about the victim’s age if, as a result of a mistake of fact, the person reasonably believed that the victim had attained the age of sixteen years.

Medical Consent Laws in Washington State

Under Washington’s consent statutes, a person can consent to the following: (1) medical, surgical, or dental care of any kind; (2) hospital care and necessary related services; and (3) the disclosure to health care providers of information which is relevant to the physical or mental condition of the person. (RCW 7.70.050, RCW 7.70.050(1)). A competent adult may consent to mental health treatment. (RCW 71.34.500). In addition, a parent, guardian, or duly appointed representative may also consent to medical care on behalf of a minor in certain circumstances. (RCW 7.70.050(2)).
A minor can also consent to medical treatment, dental care, and hospital care under certain circumstances. For example, the following minors can consent to medical treatment: (1) a minor who will have completed their twelfth birthday but is under eighteen years of age; (2) a minor who is married; and (3) a minor parent of a child. (RCW 26.28.010). Other minors can also consent to treatment if they are "pregnant, or afflicted with venereal disease, or drug addicted, or suffering from a contagious, infectious, or communicable disease." Washington law also provides another method for a minor to consent to treatment by authorizing medical treatment deemed "necessary to preserve life or health" so long as a "reasonable effort has been made to contact the child’s parents." (RCW 7.70.050(5)).

Consent for Sexual Acts

Informed consent, or in this context the agreement as to the sexual acts involved, is a requirement under Washington State law. Informed consent is present if a person’s response to the question "do you want to have sexual contact with me" is "yes" and if the person is capable of consenting. Consent to a specific activity does not imply consent to an activity which may reasonably follow from the specific activity. The age of the individuals involved will determine whether a minor can consent to sexual activity. Generally, minors under the age of 16 cannot consent to sexual activity.
Consent must be voluntary and free from coercion, and an individual’s actions can be a reasonable manifestation of consent. In Washington State, a person is not deemed to have consented to sex with another if the person is incapacitated, under the influence of drugs or alcohol, unconscious or is a minor. When the improper influence is due to substances such as drugs or alcohol, the influence must be sufficient to substantially impair the ability of the alleged victim to appraise or control his or her conduct.

School and Educational Consent Laws

Washington consent laws also touch upon educational settings. Local ordinances require schools to have policies that address sexual education, but individual school districts still have some authority to create their own policies.
Sexual education programs may not conflict with the law, but they are not required to be comprehensive. This means that, in some places, parents must give permission for their children to learn about HIV/AIDS as a separate class, but schools can choose what to include in the curriculum as long as it isn’t contradicted by law or policy.
Laws about sex and consent education focus mainly on HIV/AIDS, which means that the laws include a disclaimer that any course or course material may not contradict the medical facts on the transmission of human immunodeficiency viruses, as they are recognized by Washington state law and the Centers for Disease Control. Schools may teach any of this medically accurate information in any way they choose, however, and the law does not require schools to teach anything else .
Parental permission is required for any of the following:
This means that even if a parent gives permission for their child to learn about HIV/AIDS, that’s the only area in which they’ll be taught comprehensive sexual education. A parent also has to give permission for their child to go through sexual health screenings, or preventative care such as vaccinations.
As such, sexual health education in Washington state is primarily taught at the high school level. Parents have to give permission to have their child as young as 13 get the Gardasil vaccine, but the classes on sexual education don’t start until at least grades 8-12, depending on the district’s guidelines. Some courses are recommendations rather than requirements, so it’s difficult to say how many districts actually follow these guidelines. However, local ordinances do call for sexual health education to begin no earlier than 7th grade.
As with many parts of Washington state law, no policies or regulations exist for private schools. Parents who find that their children are not receiving instruction in sexual health yet would like them to should approach their school districts directly.

The Consequences of Non-Consensual Acts

The legal implications of non-consensual acts in the State of Washington vary between criminal and civil law. Under Washington state statutes, non-consensual acts generally include improper touching, assault, rape, and lewd conduct.
Criminal Convictions
For criminal matters, Washington state law offers the following minimums and maximums:
Civil Penalties and Damages
Washington state law permits criminal and civil prosecution, as well as private civil action against an individual for violation of consent laws. A person whose consent protections have been violated by a non-consensual act may bring action against the perpetrator to recover the damages suffered from violation of consent. The plaintiff may instead elect to file a criminal or civil prosecution against the perpetrator. A person found liable for violating a consent protection statute is liable to the plaintiff for actual damages, including but not limited to damages related to emotional distress as a result of violation of consent protections. The plaintiff may also be awarded punitive damages. The plaintiff may recover reasonable legal costs from the defendant.

Changes and Updates

In the 2019 Legislative Session, a bill to raise the age of consent from 16 to 18 years did not reach a final vote, but generated much discussion in both chambers of the Washington State Legislature. On the Senate floor, SB 5395 was hotly debated as to whether it would criminalize high school romances and whether it would cause a chill effect among educators in regard to their ability to discipline students. People on both sides of the aisle expressed concern that the bill would criminalize the conduct of some teenagers and potentially discourage teachers from performing their duties if they were scared that the threat of criminal charges lurked every time they touched a student’s shoulder. The bill did not make it through both chambers of the legislature.
The Washington Supreme Court recently confirmed what many have been grappling with for over a decade: Washington state law does not specifically define "sexual motivation." In State v. Yates, No. 96859-5 (Wash. 2019), the defendant was convicted of first-degree child molestation. The defendant asked the court to define "sexual motivation" for the jury to consider when weighing his guilt. However, the statute (RCW 9.94A.835) only provided that an "offender’s goal to gratify the offender’s sexual desire" could be considered as one of several factors in determining whether the defendant was motivated by sexual motives. The Supreme Court chose to adopt a narrow interpretation, holding that there was not a broadly understood meaning of the phrase "to gratify the offender’s sexual desire," established in State v. Bogle, 47 Wash. App. 843, 846, 737 P.2d 303 (1987). After reversing the Court of Appeals and remanding for further proceedings, the Supreme Court noted that "we leave it to the legislature to specify the legal standards and, if appropriate, clarify the elements of the crime." The decision was unanimous, but Justices Johnson and Gonzales concurred in the result only so as to not disturb the persuasive guidance provided by the Bogle decision.

Helpful Resources on Consent

Government Resources
Washington State Department of Social and Health Services (DSHS) – The DSHS has an extensive amount of information online, including an entire page dedicated to Consent.
Washington State Office of the Attorney General – AG Ferguson’s Office has a Consumer Resource Center where you can learn about scams, privacy breaches, and what to do if you’ve been victimized (including what to do if you’re victimized by a scam phone call).
Washington State Department of Licensing (DOL) – The DOL oversees many issues involving consent, such as driver’s licenses and renewals, identification cards, and minors and ID cards.
Washington Secretary of State – The list of sexually explicit material shops in Washington, sex offender registry, and telephone preferences registry are available online at the Secretary of State’s website .
King County Office of the Public Advocate – The King County Office of the Public Advocate provides resources for those who have been victims of consumer fraud, including what to know so you don’t become a victim and how to report fraud.
Local Resources
Eastside Legal Assistance Program (ELAP) – ELAP is a nonprofit legal aid organization providing free civil legal services to those in need.
Snohomish County Legal Services (SCLS) – SCLS is a nonprofit legal clinic providing free legal advice to eligible individuals and families in need of help who cannot otherwise afford legal representation.
South King County Legal Clinic (SKCLC) – The SKCLC is a nonprofit law firm in Kent that helps residents of South King County who cannot afford a private attorney get access to justice.
The Benefits Law Project – This nonprofit law firm specializes in disability and public benefits law and providing free legal education to low-income and homeless populations.