Sexual Assault Defense Lawyer
Defending Against Accusations of Sexual Assault in Seattle
Maybe it started with a voicemail from a detective who just wants to “hear your side.” Maybe it was a letter from your school, or papers saying someone has asked a court for a protection order. Your stomach probably hasn’t settled since. You may be replaying one night over and over, trying to understand how someone could remember it so differently than you do.
Then come the questions no one prepares you for. Should you call the detective back? What do you tell your partner, your boss, your parents? Who can you even talk to without making things worse?
Right now, it may feel like the accusation is all anyone sees when they look at you. Our job is to change that. Marshall & Saunders specializes in defending people accused of sexual assault. When you call, we’ll listen to you, not just the story in the police report, and we won’t judge you for any of it. We’ll tell you what is likely to happen next and what we plan to do about it, in plain language.
Then we get to work. We learn about your history, your challenges, and your strengths so that the prosecutor, the judge, and the jury see a person rather than a charge. Our Seattle sexual assault defense lawyers also work every case as a team, because no single attorney has all the good ideas.
If detectives have contacted you, or you think an investigation may be starting, call us before you say anything to anyone else.
What to Expect with Sexual Assault Charges
Defining “Sexual Assault” Under the Law
Washington does not use “sexual assault” as the name of a single criminal charge. The term describes a group of sex offenses, and the State charges a specific one. Washington’s sexual assault services statute defines the term to include rape, rape of a child, child molestation, indecent liberties, incest, sexual misconduct with a minor, custodial sexual misconduct, and attempts to commit them, along with several other offenses.
Rape is one offense in that group, and it requires sexual intercourse as Washington law defines it. Other offenses in the group depend on sexual contact, on the ages of the people involved, or on a particular relationship or setting.
A police report, a news story, or a protection order petition may say “sexual assault” for conduct the State later charges as something more specific, or does not charge at all. For a defense case, the actual charge matters more than the label. Two allegations both described as “sexual assault” can involve different elements, penalties, evidence, and defense issues.
Washington Law on Sexual Assault Offenses
Most of these charges come from Chapter 9A.44 RCW, which sorts offenses by the act complained of, the circumstances, and sometimes the ages involved.
Rape has three degrees, and each requires sexual intercourse as RCW 9A.44.010 defines it, including any penetration however slight. Rape in the First Degree requires forcible compulsion plus an added circumstance, such as a deadly weapon or serious physical injury. Rape in the Second Degree covers forcible compulsion without those circumstances, intercourse with a person who is physically helpless or mentally incapacitated, and certain relationship-based situations. Rape in the Third Degree applies when the complainant did not consent as defined in RCW 9A.44.010(7) and clearly expressed that lack of consent through words or conduct, or when intercourse was obtained through a threat of substantial unlawful harm to property rights.
When the complainant is younger than 16, the statutes turn on age rather than consent. Rape of a Child involves sexual intercourse, and Child Molestation involves sexual contact, each in three degrees set by the complainant’s age and the age gap between the two people.
The chapter also covers Sexual Misconduct with a Minor, Custodial Sexual Misconduct, and Indecent Liberties, which involves sexual contact under circumstances such as forcible compulsion or incapacity to consent.
Penalties for Sexual Assault Convictions
Penalties depend on the offense and its felony class under RCW 9A.20.021:
- Class A felony: up to life in prison and a $50,000 fine. This class includes Rape in the First and Second Degrees, Rape of a Child in the First and Second Degrees, Child Molestation in the First Degree, and Indecent Liberties by forcible compulsion.
- Class B felony: up to 10 years in prison and a $20,000 fine. This class includes Child Molestation in the Second Degree and other forms of Indecent Liberties.
- Class C felony: up to five years in prison and a $10,000 fine. This class includes Rape, Rape of a Child, and Child Molestation in the Third Degree, and Sexual Misconduct with a Minor in the First Degree. Sexual Misconduct with a Minor in the Second Degree is a gross misdemeanor.
- The maximum is not the usual sentence: the judge chooses a term within a standard range based on the offense and the person’s criminal history.
- Determinate-plus sentencing applies to every Class A offense above: under RCW 9.94A.507, the judge sets a minimum term, the statutory maximum becomes the maximum term, and the Indeterminate Sentence Review Board later decides on release.
- SSOSA may be available in qualifying cases: the Special Sex Offender Sentencing Alternative combines treatment with court-imposed conditions. It usually follows a guilty plea, and it is not available for Rape in the First or Second Degree.
Consequences of a Sexual Assault Conviction
A sex offense conviction requires registration with the county sheriff under RCW 9A.44.130. Under RCW 9A.44.140, the duty lasts indefinitely for a Class A felony or a prior sex offense. For a Class B felony, it can end 15 years after release; for a Class C felony, 10 years after release, provided the person has no disqualifying convictions during that time. Some people can petition for relief from the duty to register.
Community custody follows a prison sentence for a sex offense, with conditions that can address treatment, travel, residence, contact with particular people, and access to certain locations. A conviction can also affect employment, licensing, housing, and education. Our Seattle sex offenses defense lawyers can explain which consequences attach to a specific charge.
A Sexual Assault Charge Isn't a Conviction
Many of these cases turn on what two people said and did. Marshall & Saunders rebuilds that record from the full message history, the timeline, and the witnesses. Then we use any inconsistencies and gaps we find in the investigation and evidence to challenge the State's case.
Key Challenges in Defending Against Sexual Assault Charges
When There's No Physical Evidence at All
Some sexual assault allegations involve no DNA, documented injury, or other physical evidence. The defense may instead focus on the accuser's statements, how those statements changed over time, how interviews were conducted, and other evidence that supports or contradicts the allegation.
Digital Evidence That Cuts Both Ways
Texts, DMs, dating-app messages, and social media can become significant evidence in sexual assault cases. Our attorneys work with forensic examiners who can pull full message threads, cell tower data, and account metadata that a single screenshot won't show.
The Setting Where the Accusation Arose
A sexual assault allegation may also trigger an HR investigation, Title IX case, university disciplinary proceeding, or another process outside criminal court. Marshall & Saunders also defends students and employees in Title IX and college disciplinary proceedings.
Defenses Against Sexual Assault Charges
No single defense applies to every sexual assault allegation. The charge, evidence, and circumstances of the case determine which issues may become part of the defense.
Consent
In disputed sexual encounters, consent is often central, making communications and conduct before and after the event key evidence. When non-consent is based solely on mental incapacity or physical helplessness, Washington law provides an affirmative defense if the accused reasonably believed the other person was capable of consent. The defense must prove that belief by a preponderance of the evidence. While rape-shield laws restrict past sexual behavior evidence, prior consensual intercourse between the parties may be admissible if material to consent and compliant with statutory procedures.
Inconsistent or Motivated Accusations
The defense may examine whether the account changed over time and whether a breakup, workplace dispute, custody conflict, family pressure, or another circumstance provides context for the allegation.
Constitutional Violations
When police get a statement, a phone, or digital records through an unlawful search, seizure, or interrogation, our sexual assault defense attorneys move to suppress that evidence. Losing it can weaken the State's case or end it.
Our attorneys review the full record before recommending a direction, and more than one of these defenses often applies at the same time.
Domestic Sexual Assault: When an Allegation Involves a Close Relationship
Some sexual assault allegations involving spouses, former spouses, dating partners, or family or household members can also overlap with Washington's domestic violence laws and related defense issues, depending on the relationship and the claimed offense.
A criminal sexual-offense case may also involve a no-contact order or a separate protection order proceeding. Each process can affect contact, residence, court appearances, and other immediate decisions, so they need to be addressed together, rather than treated as a single legal matter.
As your Seattle domestic sexual assault attorneys, we handle the criminal charge and the protection order together. Marshall & Saunders defends people facing sexual assault and domestic violence allegations and can address the related proceedings based on the facts of the case.
Client's Story
I hired David in April 2021 when I found out I was being subpoenaed for an outrageous claim I was not guilty of. The opposing lawyer was one of the most capable lawyers in the county and had won several high-profile cases for her clients in the past. The case I was accused of, which her client claimed involved me raping her, also involved her assistant — what a coincidence! After two years of back and forth, David finally proved to the court that I was not guilty of the crimes I was accused of.
Protect Your Rights Before Speaking with Police
Police may ask for your version of events before you know what evidence they have or exactly what has been claimed. Marshall & Saunders can review the situation, preserve evidence relevant to your defense, and advise you before you make statements or respond to the accusation.
Call (206) 826-1400 or request a confidential consultation with our Seattle sexual assault defense lawyers. The firm represents clients in Seattle, King County, and throughout Washington State.
Meet Our Sexual Assault Defense Lawyers
-
David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
-
Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Approach to Sexual Assault Defense
-
Compassionate ConsultationWe start by listening without judgment. Some clients call after an arrest. Others only suspect an investigation is coming.
-
Thorough InvestigationWe interview witnesses, request the full digital record behind any text or app evidence, and look for the inconsistencies the initial police report missed.
-
Direct NegotiationsWhen it serves you, we approach prosecutors directly to argue for a reduced charge or a dismissal before the case reaches a jury. If sentencing becomes part of the case, we present mitigation and advocate for the most favorable lawful outcome supported by the facts.
-
Pre-Trial AdvocacyWe file motions to exclude improperly obtained evidence or unreliable statements from the case entirely.
-
Trial DefenseIf the case goes to trial, we will cross-examine the accuser and the State's witnesses and present evidence supporting your account.
What Marshall & Saunders Brings to Your Defense
Sexual assault cases may depend on testimony, digital communications, medical or forensic evidence, and competing accounts of the same events. Marshall & Saunders brings decades of sex crime defense experience to serious allegations throughout Washington.
- Focused sex crime defense: We defend people accused of sex crimes, child abuse, domestic violence, and related allegations. We represent only the accused, never the accuser.
- Detailed evidence review: We examine police reports, witness statements, texts, DMs, social media, medical records, forensic evidence, and other materials that may affect the State's case.
- Outside consultants when needed: Forensic, medical, psychological, and other consultants may help evaluate evidence or challenge the prosecution's conclusions.
- Collaborative case review: We work as a team, so more than one attorney may review the case to test theories, identify weaknesses, and prepare for different outcomes.
- Trial-focused preparation: We evaluate every case with trial in mind, even when dismissal, reduced charges, or another resolution may be possible.
- Direct communication: Clients can speak with the attorneys handling their case and get answers about developments, evidence, and upcoming decisions.
Talk with Our Legal Team About Your Case
Every sexual assault matter reaches the firm at a different stage. A consultation can clarify where the investigation or case currently stands, which proceedings are already underway, and what may require attention next.
Call Marshall & Saunders at (206) 826-1400 or request a confidential consultation with a Seattle sexual assault attorney. The firm represents clients across Washington from its Seattle office.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.
Frequently Asked Questions About Sexual Assault Defense
-
What is the best defense against sexual assault?
No single defense fits every case. The strongest one gives a jury a clear, believable account of what happened, and an attorney can only choose it after reviewing the complainant’s statements, the digital record, and the police file. Timing matters, because what you tell investigators or post online can undercut that account before your defense begins.
-
Can I be charged if there's no physical evidence?
Yes. Many sexual assault cases rely primarily on the accuser’s statement, especially when the allegation involves touching rather than intercourse. The absence of a rape kit, DNA, or documented injury does not prevent charges or guarantee an acquittal. The case may instead turn on credibility, inconsistencies, motive, the interview process, and other available evidence.
-
Is sexual assault always a sex offense requiring registration?
Not automatically. “Sexual assault” is a label, and registration depends on the offense of conviction. Many convictions in the group carry a duty to register with the county sheriff, and how long it lasts depends on the felony class and the person’s record. Registration follows a conviction, not an accusation, so speaking with a Seattle sexual assault defense lawyer early protects your options.
-
How much is a lawyer for a sexual assault case?
Costs depend on the charges, the stage of the case, the volume of evidence, the need for expert witnesses, and the trial prospects. Pre-charge investigations differ from felony trials, and this is reflected in the fee. Marshall & Saunders reviews pricing during your consultation once the details are known. Call (206) 826-1400 or request a consultation to discuss your case.
-
What should I do if police contact me about a sexual assault allegation?
You do not have to give investigators a detailed statement simply because they ask for one. Before discussing the allegation, speak with a sexual assault defense attorney who can review what is known about the investigation and advise you about communications with law enforcement. Preserve potentially relevant texts, messages, photos, and other records, and do not delete or alter evidence.