Background:

Sex Offenses in Which Nonmarriage of the Victim and Perpetrator is an Element.

A number of sex offenses, or sex offenses committed on certain grounds, require, as an element of the offense, proof that the perpetrator is not married to the victim.

Rape of a Child and Child Molestation. A person commits Rape of a Child if he or she has sexual intercourse with a minor, and a person commits Child Molestation if he or she has sexual contact with a minor. Each offense is classified into three different degrees (first, second, and third degree), according to the age of the victim at the time of the offense and the age difference between the victim and the perpetrator. A person commits a first degree offense if the victim is younger than 12 years and, for Rape of a Child, the perpetrator is at least 24 months older than the victim, or, for Child Molestation, is at least 36 months older; a second degree offense if the victim is 12 or 13 years old and the perpetrator is at least 36 months older than the victim; and a third degree offense if the victim is 14 or 15 years old and the perpetrator is at least 48 months older than the victim.

For all degrees of Rape of a Child and Child Molestation, an element of the offense that must be established is that the perpetrator is not married to the victim.

Sexual Misconduct with a Minor. A person commits Sexual Misconduct with a Minor if he or she has sexual intercourse or sexual contact with a minor or younger person with whom he or she has a supervisory relationship or other qualifying relationship. The offense may be committed on various grounds, including: when the perpetrator is at least 60 months older than the victim, the victim is 16 or 17 years old, and the perpetrator abuses a supervisory position within a significant relationship in order to engage in the sexual intercourse or sexual contact with the victim; or when the perpetrator is at least 60 months older than the victim and is a school employee, and he or she has sexual intercourse or sexual contact with an enrolled student between the ages of 16 and 21. On either of these grounds, an element of the offense that must be proven is that the perpetrator is not married to the victim.

Rape and Indecent Liberties. The crimes of Rape and Indecent Liberties involve sexual intercourse or sexual contact (respectively) in circumstances in which the conduct is nonconsensual or otherwise prohibited. Among other grounds, a person commits the crime of Rape in the second degree if he or she engages in sexual intercourse with another person, and commits the crime of Indecent Liberties if he or she has sexual contact with another person, when:

the victim has a developmental disability, and the perpetrator has supervisory authority over the victim or was providing transportation to the victim within the course of his or her employment at the time of the offense;
the victim is a frail elder or vulnerable adult, and the perpetrator has a significant relationship with the victim or was providing transportation to the victim within the course of his or her employment at the time of the offense; or
the victim is a resident of a behavioral health facility and the perpetrator has supervisory authority over the victim.

On any of these grounds, it is an element of the offense that the perpetrator is not married to the victim.

Legal Age to Marry.

Marriage is authorized when each member of the couple is at least 18 years old and is otherwise capable. Seventeen-year-olds may marry with the consent of a parent or legal guardian. If either person entering a marriage is 16 years old or younger, the marriage is void unless the superior court grants a waiver based on a showing of necessity.

A marriage validly entered into in another jurisdiction is recognized in Washington, unless prohibited based on a member of the couple already being married or when the couple is related.