Indecent Liberties Defense

The offense of indecent liberties encompasses a broad range of alleged acts under Washington state law. Most acts covered by this statute involve an alleged victim who is at a disadvantage relative to the defendant. Prosecutors must prove the defendant knew of and exploited this advantage. If you have been charged, you need experienced Southwest Washington legal representation to understand the required elements and mount an effective defense.

Three Categories of Indecent Liberties

The offense covers conduct in three distinct categories: victim disability, defendant authority over victim, and forcible compulsion.

Disability of the Alleged Victim

A person commits this offense by engaging in sexual contact with someone unable to consent due to:

• Mental defect -- a persistent condition preventing the person from understanding the nature of conduct and agreeing to it
• Mental incapacity -- a condition at the time of contact preventing comprehension of the activity
• Physical helplessness -- inability to communicate consent or refusal due to unconsciousness or similar conditions

Authority Over the Alleged Victim

This category covers situations where defendants exploit supervisory or caregiving positions rather than physical force. Examples include:

• Care facility workers with developmentally disabled patients or residents
• Transportation providers for disabled individuals
• Healthcare providers with patients
• Residential treatment facility staff with residents
• Caregivers for elders or disabled adults who lack the ability to care for themselves

Forcible Compulsion

This category includes accusations of compelling a non-spouse into sexual contact through physical force, threats of force, or threats of kidnapping.

Available Defenses

Two statutory defenses exist for indecent liberties charges:

• Reasonable belief defense -- the defendant reasonably believed the alleged victim was not impaired at the time of the offense (must be proven by a preponderance of the evidence)
• Healthcare provider defense -- the alleged victim consented and understood the sexual contact was not related to treatment

Contact the Law Office of Erin Bradley McAleer immediately for a confidential consultation. These charges require experienced legal defense that understands the specific elements and defenses available under Washington law.