If convicted of third degree rape, what are the sentencing guidelines for a 16 1/2 year old with no previous record?
The consequences of a conviction for any sexual offense are very harsh. It if imperative that you speak to an attorney knowledgeable about such cases as soon as possible. The following is informational only and is not intended as legal advice.
Pursuant to RCW 9A.33.060, a person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person, not married to the perpetrator:
(a) Where the victim did not consent as defined in RCW 9A.44.010(7), to sexual intercourse with the perpetrator and such lack of consent was clearly expressed by the victim's words or conduct, or
(b) Where there is threat of substantial unlawful harm to property rights of the victim.
Rape in the third degree is a class C felony, but is classified as a C+ under the juvenile sentencing guidelines.
With no prior criminal history, the standard range for the offense is local sanctions. Local sanctions include a combination of the following: 0-30 days in detention; 0-150 hours of community service; 0-12 month community supervision (probation); 0-$500 fine; a $100 crime victim assessment and restitution. A person convicted of a third degree rape is also required to register as a sex offender and provide a DNA sample. Understand that the court has the power to exceed the standard range if the court finds a manifest injustice would result from a sentence within the standard range. A juvenile may also be sentenced to a Special Sex Offender Disposition Alternative (SSODA) in which the court may order an examination to determine whether the offender is amenable to treatment. The juvenile may then be ordered to participate in a recommended treatment program as outlined by a state certified sex offense treatment provider.