Rape Attorney in Tacoma

Facing Rape Charges in Tacoma? Rely on Trusted Experience

When you need legal support for a rape accusation in Tacoma, you deserve a defense team with deep experience, unwavering commitment, and strict discretion. At Hester Law Group, we understand the stakes. If you or a loved one faces a sexual assault charge, our rape defense lawyers in Tacoma help protect your rights and guide you with clear advice through every step.

Clients in Pierce County encounter unique court schedules, local prosecutors, and specific procedures that affect each defense. With knowledge of how Tacoma judges and prosecutors typically handle these sensitive cases, our attorneys offer critical guidance as you navigate every stage. Our regional insight allows us to adapt our strategies, ensuring you feel informed and confident as your case unfolds.

Call a Certified Criminal Law Specialist now. We offer free consultations, affordable services, and 24/7 availability. Contact a trusted Tacoma rape attorney at Hester Law Group by calling (253) 300-3034 or reaching out online.

Understanding Rape Charges in Washington

Washington law divides rape charges into three degrees, all of which are serious felonies, focusing on non-consensual sexual intercourse. The classification is determined by the level of force, the means of coercion, and the victim's capacity to consent.

Rape in the First Degree (RCW 9A.44.040)

This is the most severe charge and a Class A Felony. It involves sexual intercourse with another person by forcible compulsion where one or more aggravating factors are present:

• Use or threat to use a deadly weapon.
• Kidnapping the victim.
• Inflicting serious physical injury (including rendering the victim unconscious).
• Feloniously entering a building or vehicle where the victim is located.
• Using drugs or controlled substances to render the victim physically helpless or mentally incapacitated.

Penalties:

• Up to life in prison
• Up to $50,000 in fines

Rape in the Second Degree (RCW 9A.44.050)

Also a Class A Felony, Second Degree Rape is charged under circumstances not amounting to First Degree Rape. It involves sexual intercourse by:

• Forcible compulsion.
• When the victim is physically helpless (asleep or intoxicated) or mentally incapacitated (unable to understand the nature or consequences of the act).

Penalties:

• Up to life in prison
• Up to $50,000 in fines

Rape in the Third Degree (RCW 9A.44.060)

This is a Class C Felony, charged when the victim did not consent to sexual intercourse, and the lack of consent was clearly expressed by the victim's words or conduct, or when the perpetrator threatens substantial unlawful harm to the victim's property rights.

Penalties:

• Up to 5 years in prison
• Up to $10,000 in fines

Mandatory and Collateral Consequences of Conviction

A conviction for any degree of rape in Washington State triggers mandatory penalties that permanently alter a person’s life.

• Mandatory Sex Offender Registration: All convictions under RCW 9A.44 require lifelong registration as a sex offender. This public registry severely restricts housing, employment, and social interactions indefinitely.
• Loss of Civil Rights: As a felon, you permanently lose your right to vote, own a firearm, and serve on a jury.
• Sentencing Enhancements: Washington utilizes a complex Sentencing Reform Act (SRA) grid. A sexual offense carries a high offender score and often includes mandatory minimum sentences, severely limiting a judge's discretion.
• Immigration Consequences: These charges are classified as aggravated felonies under federal law, leading to mandatory detention and deportation for all non-citizens, including Lawful Permanent Residents (Green Card holders).

Key Defense Strategies We Employ Against Rape Charges in Tacoma

Successfully defending a rape charge requires a specialist's technical expertise to challenge the State’s case on forensic, procedural, and constitutional grounds. Our firm focuses on dismantling the required elements of lack of consent and forcible compulsion.

• Challenging Consent (The Intentional Act): In cases involving alcohol or drugs, the State alleges physical helplessness or mental incapacitation. We challenge this by:
  • Refuting Incapacitation: Introducing witness testimony, digital evidence, and expert reports to prove the alleged victim retained the capacity to consent or demonstrated words/conduct of agreement.
  • Mistake of Fact: Arguing that the accused reasonably believed actual words or conduct indicated freely given agreement, thus refuting the required criminal intent.
• Attacking Forensic and Medical Evidence: We engage independent DNA specialists to challenge the processing and interpretation of forensic evidence collected from the scene or from a Sexual Assault Nurse Examiner (SANE) kit, looking for chain of custody errors, contamination, or ambiguous results.
• Challenging the Allegation of Force: In cases of forcible compulsion, we investigate the physical evidence and witness statements to prove that the force used was not sufficient to overcome the victim's resistance, or that the threat was not credible or imminent.
• Police Misconduct and Constitutional Violations: We scrutinize the initial police investigation for violations of your rights, such as illegal searches, or violations of your Miranda rights that could lead to the suppression of incriminating statements or physical evidence.

Navigating Local Investigations & Procedures

If you have never gone through the criminal justice system in Pierce County, legal procedures can seem confusing and intimidating. We help by explaining vital timelines and the flow of required court appearances. 

Sexual assault cases in Tacoma may involve a series of set hearings, and knowing how these typically proceed makes it easier to face the process with confidence. By sharing practical guidance, our rape defense lawyers in Tacoma help you understand your choices and the local processes that impact your defense.

• Initial investigation: Law enforcement interviews, evidence collection, and statements are key early steps. Our attorneys provide guidance on communicating with investigators while safeguarding your rights.
• Charging: Prosecutors determine whether to file charges based on evidence and statements. The decisions made at this stage can have lasting impacts.
• Pre-trial hearings: The court sets hearings to address release conditions, evidence, and case management. Local statutes and court practices influence the outcome of these early hearings.
• Courtroom proceedings: Should your case move forward, Tacoma courts follow state rules for presenting testimony and evidence. We use our regional experience to anticipate what matters most in local proceedings.
• Ongoing support and communication: Our attorneys keep you informed so you always understand your rights and options. We remain focused on discretion, your wellbeing, and legal accuracy throughout every step.

Every stage introduces new choices, responsibilities, and opportunities to make informed decisions. Our team answers questions about court logistics, helps you understand upcoming deadlines or scheduling, and clarifies what each phase means for your life. Our rape defense lawyers in Tacoma use knowledge from both local and state cases to inform you about key aspects that shape your defense strategy.

Your Advocates: Over a Century of Criminal Defense in the Pacific Northwest

Our attorneys offer more than 130 years of combined legal experience, supporting individuals through challenging criminal charges in Tacoma and across Washington. Members of our rape defense attorney team have earned recognition with a 10.0 Superb Avvo Rating and listings in Best Lawyers in America. 

Whether your case is public or confidential, we provide focused representation and treat your situation with respect. Clients seek us out for our in-depth understanding of Washington law and our proven record in both state and federal courts.

We recognize that being accused of a crime in your community is overwhelming. Our team answers questions directly, keeps you updated, and ensures you understand your options at every phase. Whether maintaining communication with your family or respecting strict privacy, our staff helps you focus on planning for the future with clarity and respect for your privacy.

Start Your Defense with Trusted Guidance Today

If you or someone close to you faces a sexual assault accusation, reach out to Hester Law Group for a confidential, no-cost consultation. Our team brings decades of courtroom experience, a history of attentive service, and a focus on protecting your rights and your peace of mind. 

Call (253) 300-3034 or reach out online today to discuss your situation and next steps. We will help you understand your legal options and provide the support you need to move forward with confidence.

FAQs

What penalties could I face if convicted of rape in Washington?

Penalties range from lengthy imprisonment to mandatory registration, depending on circumstances and severity. State laws set sentencing guidelines, and courts consider additional factors in each case.

Am I required to talk to law enforcement before hiring a lawyer?

You are not obligated to speak with investigators without legal representation. Obtaining counsel first can help protect your rights and clarify your options.

How does the court decide whether to move forward with rape charges?

Prosecutors review police reports, witness statements, and physical evidence to determine if charges should be filed. Each case is unique and handled on its own facts.

Will my case be handled confidentially?

Court proceedings follow strict legal protocols. Our approach prioritizes discretion and respect for your privacy at every stage.

What is the difference between state and federal rape charges?

State courts hear most charges in Tacoma, but federal cases may arise in certain circumstances. Each system uses distinct laws and procedures. Your lawyer will explain which applies to your situation.

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