Consent ()
Consent in the context of sexual acts means that at the time of sexual contact, there are actual words or conduct indicating freely given agreement to that sexual contact. Consent must be ongoing and may be revoked at any time. Conduct short of voluntary agreement does not constitute consent as a matter of law. Consent cannot be freely given when a person does not have capacity due to disability, intoxication, or age. Consent cannot be freely given when the other party has authority or control over the care or custody of a person incarcerated or detained.
Sexual Abuse ()
Sexual abuse means any form of nonconsensual sexual conduct including, but not limited to, unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, and sexual harassment. Sexual abuse also includes any sexual conduct between a staff person, who is not also a resident or client, of a facility or a staff person of a program authorized under chapter RCW, and a vulnerable adult living in that facility or receiving service from a program authorized under chapter RCW, whether or not the sexual conduct is consensual.
Sexual Penetration ()
Sexual penetration means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
Sexual Conduct ()
Sexual conduct means any of the following:
- Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing;
- Any intentional or knowing display of the genitals, anus, or breasts of the purposes of arousal or sexual gratification of the respondent;
- Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent;
- Any forced display of the petitioner’s genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others;
- Any intentional or knowing touching of the clothed or unclothed body of a child under the age of 16, if done for the purpose of sexual gratification or arousal of the respondent or others; or
- Any coerced or forced touching or fondling by a child under the age of 16, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others.
Stalking ()
Stalking means any of the following:
- Any act of stalking as defined under ;
- Any act of cyberstalking as defined under;
- Any course of conduct involving repeated or continuing contacts, attempts to contact, monitoring, tracking, surveillance, keeping under observation, disrupting activities in a harassing manner, or following of another person that: (1) Would cause a reasonable person to feel intimidated, frightened, under duress, significantly disrupted, or threatened and that actually causes such a feeling; (2) Serves no lawful purpose; and (3) The respondent knows, or reasonably should know, threatens, frightens, or intimidates the person, even if the respondent did not intend to intimidate, frighten, or threaten the person.
Domestic Violence ()
Domestic Violence means:
- Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; Nonconsensual sexual contact or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or
- Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration, coercive control; unlawful harassment; or stalking of one family or household member by another family or household member.
Family or Household Members ()
Family or Household Members means:
- Persons related by blood, marriage, domestic partnership, or adoption;
- Persons who have currently or formerly resided together;
- Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren, or a parent’s intimate partner and children; and
- A person who is acting or has acted as a legal guardian.
Intimate Partner ()
Intimate Partner means:
- Spouses or domestic partners;
- Former spouses or former domestic partners;
- Persons who have a child in common regardless of whether they have been married or have lived together at any time, unless the child is conceived through sexual assault; or
- Persons who have or have had a dating relationship where both persons are at least 13 years of age or older.
Dating Relationship ()
A social relationship of a romantic nature. Factors that the court may consider in making this determination include:
-
- The length of time the relationship has existed;
- The nature of the relationship; and
- The frequency of interaction between the parties.
Coercive Control ()
A pattern of behavior that is used to cause another to suffer physical, emotional, or psychological harm, and in purpose or effect unreasonably interferes with a person’s free will and personal liberty. In determining whether the interference is unreasonable, the court shall consider the context and impact of the pattern of behavior from the perspective of a similarly situated person. Examples of coercive control include, but are not limited to, engaging in any of the following:
- Intimidation or controlling or compelling conduct by:
- Damaging, destroying, or threatening to damage or destroy, or forcing the other party to relinquish, goods, property, or items of special value;
- Using technology to threaten, humiliate, harass, stalk, intimidate, exert undue influence over, or abuse the other party, including by engaging in cyberstalking, monitoring, surveillance, impersonation, manipulation of electronic media, or distribution of or threats to distribute actual or fabricated intimate images;
- Carrying, exhibiting, displaying, drawing, or threatening to use, any firearm or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate the other party or that warrants alarm by the other party for their safety or the safety of other persons;
- Driving recklessly with the other party or minor children in the vehicle;
- Communicating, directly or indirectly, the intent to:
- Harm the other party’s children, family members, friends, or pets, including by use of physical forms of violence;
- Harm the other party’s career;
- Attempt suicide or other acts of self-harm; or
- Contact local or federal agencies based on actual or suspected immigration status;
- Exerting control over the other party’s identity documents;
- Making, or threatening to make, private information public, including the other party’s sexual orientation or gender identity, medical or behavioral health information, or other confidential information that jeopardizes safety; or
- Engaging in sexual or reproductive coercion;
- Causing dependence, confinement, or isolation of the other party from friends, relatives, or other sources of support, including schooling and employment, or subjecting the other party to physical confinement or restraint;
- Depriving the other party of basic necessities or committing other forms of financial exploitation;
- Controlling, exerting undue influence over, interfering with, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or employment, including but not limited to interference with or attempting to limit access to services for children of the other party, such as health care, medication, childcare, or school-based extracurricular activities;
- Engaging in vexatious litigation or abusive litigation, as defined in RCW 26.51.020, against the other party to harass, coerce, or control the other party, to diminish or exhaust the other party’s financial resources, or to compromise the other party’s employment or housing; or
- Engaging in psychological aggression, including inflicting fear, humiliating, degrading, or punishing the other party.
Coercive control does not include protective actions taken by a party in good faith for the legitimate and lawful purpose of protecting themselves or children from the risk of harm posed by the other party.
Effective July 1, 2025, also includes the following additional definition:
Commercial sexual exploitation ()
Commercial sexual abuse of a minor and sex trafficking.