Washington statute
RCW 9A.44.050 — Rape in the second degree
Current through 2026 Regular Session
Part of Chapter 9A.44: Sex Offenses, Revised Code of Washington.
Criminal charges under this statute
Full text of RCW 9A.44.050
Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.
(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
(c) When the victim is a person with a developmental disability and the perpetrator is a person who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
(2) Rape in the second degree is a class A felony.
Official sources
Legal terms used in this section
Questions this section answers
Is rape in the second degree a felony or a misdemeanor in Washington?
Rape in the second degree is a Class A Felony in Washington under RCW 9A.44.050.
Which Washington statute covers rape in the second degree?
Rape in the second degree is governed by RCW 9A.44.050 (Rape in the second degree).
This reference is informational and is not legal advice.