Can a Child Be Charged with Molestation of Another Child in Washington State?

ByBurke Brown Attorneys

Children and teens are still in the process of developing physically and emotionally, and they often experiment with sexual conduct. These activities can be considered child molestation under Washington state law. Since Washington state law allows children to be charged with criminal sexual offenses, including child molestation, it is important for parents to understand the ramifications of this complex and sensitive legal issue.

For over 30 years, the experienced legal advocates at Burke Brown Attorneys, PLLC have defended juveniles and adults in challenging legal cases including those involving accusations of sexual misconduct. Although each situation is unique, here are some of the factors that can affect whether a child can be charged with criminal molestation of another child in Washington state.

Child Molestation Charges in Washington

The crime of sexual molestation occurs when an individual has “sexual contact” with a child who is less than 16-years-old. Section 9A.44.010(13) of the Revised Code of Washington defines sexual contact as touching of sexual or intimate parts of the body when that touching is done to gratify someone’s sexual desire.

The Code defines three degrees of Child Molestation. The offense is considered a more serious crime when the age of the child who is subjected to sexual contact is younger and there is a greater difference in age between the child who was touched and the person accused of doing the touching.

As a general rule, the “age of consent” in Washington state is 16, so touching of an individual who is under 16 can be considered child molestation. However, there are exceptions and defenses that can be raised when both parties are minors.

When Can a Child Be Charged with Molestation?

Teens and children accused of sexual offenses in Washington are generally handled through the juvenile justice system, but they can be prosecuted and sentenced through the same system as adults in certain situations.

Age of the Offender

Minors between the ages of 12 and 17 can be charged with sex crimes such as child molestation, and depending on the circumstances, they may have their case handled through the juvenile system or the adult justice system. Anyone aged 18 or older is not eligible to be tried in juvenile court.

Those between the ages of 8 and 12 could potentially be charged with a sex crime, but the prosecution will need to demonstrate that the child understood the significance of their actions. Younger children have the benefit of the doubt, but older minors do not, so defense becomes vitally important.

Factors Considered

When a prosecutor is deciding whether to charge a minor with the crime of child molestation and whether the case should be tried in juvenile court, they will consider factors such as:

  • The severity of the alleged offense
  • The difference in age between the child accused of the offense and the child who was alleged to have been touched
  • The age and maturity level of the minor accused of the offense
  • The prior record of the minor accused of the offense
  • The likelihood that the accused minor can be successfully rehabilitated

Juvenile vs. Adult Court

The juvenile justice system in Washington state focuses on rehabilitation while the adult system is geared primarily toward punishment, so that means the systems can operate very differently. In particular, when a juvenile is represented by an attorney who can advocate effectively for consequences that teach as opposed to those that simply isolate, a minor charged with an offense can be set on track to a much more positive future when their case proceeds through juvenile court.

However, when a minor is charged with a serious sexual offense, the minor may be tried in adult court either at the judge’s discretion or because the situation fits the criteria that require the case to be automatically declined to adult court.

Generally, a case involving a juvenile must be referred to adult court when a minor is accused of committing offenses such as murder 1 or 2, homicide by abuse, manslaughter 1, assault 1, kidnap 1, rape 1, adult of a child 1, or rape of a child 1. In addition, a minor accused of a less severe “violent offense” also must be tried in adult court if they have certain previous convictions on their record. Even if a case does not automatically have to be tried in adult court, a judge may hold a discretionary decline hearing to determine whether a minor’s case should be transferred to adult court.

When a child is tried in adult court, they are placed at a tremendous disadvantage. They have far fewer opportunities for rehabilitation and statistics show that they are far more likely to be convicted of offenses again in the future. The records of the offense are not eligible to be sealed as they could potentially be if the offense were to be tried in juvenile court. The opportunities to learn from the experience and move forward are much more limited when a sex crime is tried in adult court. Molestation of a child is a felony, and even the most minor felony is punishable by up to five years in prison. 

Defenses in Child Molestation Cases Involving Minors

A dedicated and knowledgeable juvenile defense attorney can potentially make several arguments to fight the charges when a minor is accused of molestation of a child. In many cases, accusations of this type of offense are made in error or deliberately falsified. In other situations, the minor involved lacked the maturity to fully comprehend the nature of the actions.

When the two minors involved are close in age and neither objected to the sexual contact, it may be possible to show that the incident did not violate the child molestation statute. For example, if a 17-year-old is accused of touching a 15-year-old, that would not be considered child molestation in the third degree because the minor accused of touching is less than 48 months older than the minor alleged to have been touched.

The Importance of Legal Representation

When a juvenile is accused of child molestation or any other serious offense, they are placed in a very dangerous situation. They risk potentially being tried in adult court, but even when the matter is handled through the juvenile justice system, they can be subjected to incarceration which leads to social stigma and limits opportunities for future education and employment. Depending on the situation, they could be required to register as a sex offender in Washington state, creating a label that can haunt them for the rest of their lives. As attorneys who have over three decades of experience working with juvenile sex crimes, we’ve seen that without the right legal representation, minors accused of an offense like child molestation often feel like they never have a chance at a normal life.

Protect Your Child’s Future When They Face Accusations of a Sex Crime

At Burke Brown Attorneys, PLLC, we are dedicated to securing the best possible future for our clients and their families, and we have the experience to understand how to take advantage of every available opportunity to defend against accusations and secure outcomes that educate rather than punish.

If your child has been accused of child molestation or any other serious offense, we invite you to schedule a confidential consultation to learn more about the assistance we can provide. Protect your child’s future now by calling 206-933-2414, emailing us at office@burkebrown.com, or contacting us through our website.