Legal Question in Criminal Law in Washington

Re: consensual sex

What you ask is a tricky question because there are multiple possible crimes at issue here. So, if you look at rape of a child, if they are within 48 months of age, then there is no crime. This is the classic senior dating a freshman situation. However, look at the communicating statute and there is possibly still a problem. After all, how do they have sex without communicating about it. These laws, taken together, seem to run contrary to public interest as I think we would all like the people to be talking about sex (and its ramifications) before having sex.

To be safe, he should wait.

RCW 9A.44.079

Rape of a child in the third degree.

(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony.

RCW 9.68A.090

Communication with minor for immoral purposes � Penalties.

(1) Except as provided in subsection (2) of this section, a person who communicates with a minor for immoral purposes, or a person who communicates with someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.