Wash. Rev. Code » Title 9A · Chapter 9A.44
Revised Code of Washington

Wash. Rev. Code § 9A.44.050 (2026)

Rape in the second degree

✓ current as of May 2026
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(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.
[ 2023 c 470 s 3008; 2021 c 142 s 1; 2007 c 20 s 1; 1997 c 392 s 514; 1993 c 477 s 2; 1990 c 3 s 901; 1988 c 146 s 1; 1983 c 118 s 2; 1979 ex.s. c 244 s 2; 1975 1st ex.s. c 14 s 5. Formerly RCW 9.79.180.]

Notes:

Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2021 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2021]." [ 2021 c 142 s 11.]
Effective date—2007 c 20: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 10, 2007]." [ 2007 c 20 s 4.]
Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
Severability—1988 c 146: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 146 s 5.]
Effective dates—1988 c 146: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1988]. The remainder of this act shall take effect July 1, 1988." [ 1988 c 146 s 6.]
Notes of Decisions
Cited in 257 cases (48 in the last 5 years), 1979–2026 · leading case: State v. Ortega-Martinez, 881 P.2d 231 (Wash. 1994).
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State v. Ortega-Martinez, 881 P.2d 231 (Wash. 1994). · cites it 8× “Ortega-Martinez was subsequently charged with violating RCW 9A.44.050, which defines second degree rape, Clerk's Papers, at 1, and tried by jury.”
State v. Lynch, 309 P.3d 482 (Wash. 2013). · cites it 9× “RCW 9A.44.050(l)(a) (defining the crime of “second degree rape”).”
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016). · cites it 5× “Wash. Rev. Code § 9A.44.050(1) (1991). “Forcible compulsion” is defined as “physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she oh he or…”
State v. McKnight, 774 P.2d 532 (Wash. Ct. App. 1989). · cites it 7× “] RCW 9A.44.050(1)(a). Forcible compulsion is "physical force which overcomes resistance .”
State v. Al-Hamdani, 109 Wash. App. 599 (Wash. Ct. App. 2001). · cites it 6× “Sufficiency of Evidence A properly instructed jury found Al-Hamdani guilty of second degree rape under RCW 9A.44.050: (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…”
State v. Al-Hamdani, 36 P.3d 1103 (Wash. Ct. App. 2001). · cites it 6× “Sufficiency of Evidence A properly instructed jury found Al-Hamdani guilty of second degree rape under RCW 9A.44.050: (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…”
State v. Albarran, 383 P.3d 1037 (Wash. 2016). · cites it 4× “076) and second degree rape (in violation of RCW 9A.44.050(l)(b)), based on a single act.”
State v. Knapp, 486 P.3d 113 (Wash. 2021). · cites it 5× “The first instruction lays out the elements of second degree rape that the State must prove in order to convict the defendant of second degree rape under RCW 9A.44.050, including that the defendant used “forcible compulsion” to have sex with the survivor.”
State v. Smith, 165 Wash. App. 296 (Wash. Ct. App. 2011). · cites it 6× “” RCW 9A.44.050(1)(b); Hughes, 166 Wn.2d at 679 .”
State v. Coristine, 300 P.3d 400 (Wash. 2013). · cites it 2× “RCW 9A.44.050(l)(b). ¶3 At trial, the State presented testimony that Coristine’s alleged victim, L.”
State v. Calle, 888 P.2d 155 (Wash. 1995). · cites it 2× “” "RCW 9A.44.050 Rape in the second degree. (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 .”
State v. Hughes, 212 P.3d 558 (Wash. 2009). · cites it 2× “076, rape of a child in the second degree, 7 and RCW 9A.44.050, rape in the second degree.”
Show all 257 citing cases →
— Wash. Rev. Code § 9A.44.050(1) — 18 cases
State v. Ortega-Martinez, 881 P.2d 231 (Wash. 1994). “Ortega-Martinez was subsequently charged with violating RCW 9A.44.050, which defines second degree rape, Clerk's Papers, at 1, and tried by jury.”
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016). “Wash. Rev. Code § 9A.44.050(1) (1991). “Forcible compulsion” is defined as “physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she oh he or…”
State v. Talley, 949 P.2d 358 (Wash. 1998).
State v. Talley, 949 P.2d 358 (Wash. 1998).
State v. Gatalski, 699 P.2d 804 (Wash. Ct. App. 1985).
— Wash. Rev. Code § 9A.44.050(1)(a) — 59 cases
State v. McKnight, 774 P.2d 532 (Wash. Ct. App. 1989). “] RCW 9A.44.050(1)(a). Forcible compulsion is "physical force which overcomes resistance .”
In re the Pers. Restraint of Colbert, 380 P.3d 504 (Wash. 2016).
State v. Nysta, 275 P.3d 1162 (Wash. Ct. App. 2012).
State Of Washington, V. Alfonso Aguilar, 534 P.3d 360 (Wash. Ct. App. 2023).
State v. Posey, 167 P.3d 560 (Wash. 2007).
— Wash. Rev. Code § 9A.44.050(1)(b) — 56 cases
State v. Ortega-Martinez, 881 P.2d 231 (Wash. 1994). “Ortega-Martinez was subsequently charged with violating RCW 9A.44.050, which defines second degree rape, Clerk's Papers, at 1, and tried by jury.”
State v. Hughes, 212 P.3d 558 (Wash. 2009).
State v. Powell, 206 P.3d 703 (Wash. Ct. App. 2009).
In Re Hubert, 158 P.3d 1282 (Wash. Ct. App. 2007).
State v. Smith, 165 Wash. App. 296 (Wash. Ct. App. 2011). “” RCW 9A.44.050(1)(b); Hughes, 166 Wn.2d at 679 .”
— Wash. Rev. Code § 9A.44.050(1)(c) — 1 case
State v. Knapp, 486 P.3d 113 (Wash. 2021). “The first instruction lays out the elements of second degree rape that the State must prove in order to convict the defendant of second degree rape under RCW 9A.44.050, including that the defendant used “forcible compulsion” to have sex with the survivor.”
— Wash. Rev. Code § 9A.44.050(1)(d) — 9 cases
Am. Home Assurance Co. v. Cohen, 881 P.2d 1001 (Wash. 1994).
State v. Mannering, 75 P.3d 961 (Wash. 2003).
State v. Castilla, 87 P.3d 1211 (Wash. Ct. App. 2004).
State Of Washington, V. Matthew Boldt (Wash. Ct. App. 2021).
State v. Castilla, 121 Wash. App. 198 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.44.050(1)(e) — 1 case
Kaltreider v. Lake Chelan Cmty. Hosp., 224 P.3d 808 (Wash. Ct. App. 2009).
— Wash. Rev. Code § 9A.44.050(1)(f)(i) — 1 case
A.S., V. Provail (Wash. Ct. App. 2025).
— Wash. Rev. Code § 9A.44.050(2) — 18 cases
State v. Posey, 272 P.3d 840 (Wash. 2012).
State v. Aguirre, 168 Wash. 2d 350 (Wash. 2010).
State v. Aguirre, 229 P.3d 669 (Wash. 2010).
State v. Williams, 234 P.3d 1174 (Wash. Ct. App. 2010).
State v. Clarke, 103 P.3d 262 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.44.050(a) — 2 cases
State v. Higgins, 278 P.3d 693 (Wash. Ct. App. 2012).
State v. Weisberg, 829 P.2d 252 (Wash. Ct. App. 1992).
— Wash. Rev. Code § 9A.44.050(b) — 2 cases
State Of Washington v. Adan Morales (Wash. Ct. App. 2020).
State of Washington v. Blake Alexander Badgley (Wash. Ct. App. 2023).
— Wash. Rev. Code § 9A.44.050(c) — 1 case
State v. Lynch (Wash. 2013).
— Wash. Rev. Code § 9A.44.050(d) — 2 cases
State Of Washington, V. Luis Ruben Ibarra (Wash. Ct. App. 2024).
State Of Washington, V. Luis Ruben Ibarra (Wash. Ct. App. 2024).
— Wash. Rev. Code § 9A.44.050(l)(a) — 30 cases
State v. Lynch, 309 P.3d 482 (Wash. 2013). “RCW 9A.44.050(l)(a) (defining the crime of “second degree rape”).”
United States v. Ladwig, 192 F. Supp. 3d 1153 (E.D. Wash. 2016). “Wash. Rev. Code § 9A.44.050(1) (1991). “Forcible compulsion” is defined as “physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she oh he or…”
State v. Thompson, 290 P.3d 996 (Wash. Ct. App. 2012).
State v. Calle, 888 P.2d 155 (Wash. 1995). “” "RCW 9A.44.050 Rape in the second degree. (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 .”
State v. Gallegos, 828 P.2d 37 (Wash. Ct. App. 1992).
— Wash. Rev. Code § 9A.44.050(l)(b) — 21 cases
State v. Albarran, 383 P.3d 1037 (Wash. 2016). “076) and second degree rape (in violation of RCW 9A.44.050(l)(b)), based on a single act.”
State v. Coristine, 300 P.3d 400 (Wash. 2013). “RCW 9A.44.050(l)(b). ¶3 At trial, the State presented testimony that Coristine’s alleged victim, L.”
State v. Powell, 150 Wash. App. 139 (Wash. Ct. App. 2009).
State v. Weaville, 256 P.3d 426 (Wash. Ct. App. 2011).
State v. Al-Hamdani, 109 Wash. App. 599 (Wash. Ct. App. 2001). “Sufficiency of Evidence A properly instructed jury found Al-Hamdani guilty of second degree rape under RCW 9A.44.050: (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…”
— Wash. Rev. Code § 9A.44.050(l)(c) — 1 case
State v. Soderquist, 816 P.2d 1264 (Wash. Ct. App. 1991).
— Wash. Rev. Code § 9A.44.050(l)(d) — 6 cases
State v. Lynch, 309 P.3d 482 (Wash. 2013). “RCW 9A.44.050(l)(a) (defining the crime of “second degree rape”).”
State v. Mannering, 150 Wash. 2d 277 (Wash. 2003).
Am. Home Assurance Co. v. Cohen, 881 P.2d 1001 (Wash. 1994).
State v. Castilla, 121 Wash. App. 198 (Wash. Ct. App. 2004).
State v. Castilla, 131 Wash. App. 7 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 9A.44.050(l)(e) — 2 cases
State v. Lynch, 309 P.3d 482 (Wash. 2013). “RCW 9A.44.050(l)(a) (defining the crime of “second degree rape”).”
Kaltreider v. Lake Chelan Cmty. Hosp., 153 Wash. App. 762 (Wash. Ct. App. 2009).
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