Revised Code of Washington

Wash. Rev. Code § 9A.44.180 (2026)

✓ current as of May 2026

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It is an affirmative defense to prosecution under RCW 9A.44.160 or 9A.44.170, to be proven by the defendant by a preponderance of the evidence, that the act of sexual intercourse or sexual contact resulted from forcible compulsion by the other person.

[ 1999 c 45 s 3.]

Notes of Decisions

Cited in 4 cases, 2003–2013 · leading case: State v. Lynch, 309 P.3d 482 (Wash. 2013).

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State v. Lynch, 309 P.3d 482 (Wash. 2013). “030(2), (3); and (5) custodial sexual misconduct, RCW 9A.44.180. Forcible compulsion is an element of rape in the first degree, RCW 9A.”

State v. Mannering, 75 P.3d 961 (Wash. 2003). “100(1)(d) (indecent liberties); RCW 9A.44.180 (custodial sexual misconduct in the first or second degree); RCW 9A.”

State v. Mannering, 150 Wash. 2d 277 (Wash. 2003). “100(l)(d) (indecent liberties); RCW 9A.44.180 (custodial sexual misconduct in the first or second degree); RCW 9A.”

State v. Lynch (Wash. 2013). · cites it 2× “030, which is titled "defenses to prosecution under this chapter," codifies several "reasonable belief' defenses to prosecutions in which "lack of consent is based solely upon the victim's mental incapacity or .”

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