What is the legal definition of sexual assault in Washington?
For the purposes of getting a sexual assault protection order, the abuser must have committed one of the following against you:
- nonconsensual sexual conduct;
- nonconsensual sexual penetration; or
- commercial sexual exploitation.1
Nonconsensual means that you did not freely agree to the sexual conduct or penetration.2 If it seemed like you were agreeing to the sexual contact because you were being threatened with physical harm, for example, that would not be considered “freely agreeing” to the contact.
Sexual conduct is when the offender:
- touches or fondles your genitals, anus, or breasts, including through clothing;
- displays their genitals, anus, or breasts for the purposes of arousal or sexual gratification;
- forces you to touch their genitals, anus, or breasts;
- forces you to touch another person’s genitals, anus, or breasts;
- forces you to display your genitals, anus, or breasts for the purpose of sexual gratification;
- touches the body, clothed or unclothed, of a child under the age of 16 for the purposes of sexual gratification or arousal; or
- forces a child under the age of 16 to touch or fondle, including through clothing, their genitals, anus, or breasts.3
Sexual penetration is:
- any contact between the sex organ or anus of one person by
- an object; or
- the sex organ, mouth, or anus of another person; or
- any intrusion into the sex organ or anus of one person by
- any part of the body of another person;
- any animal; or
- any object.4
Note: There does not have to be semen found to prove sexual penetration.4
Commercial sexual exploitation means sex trafficking and commercial sexual abuse of a minor.5
1 R.C.W. §§ 7.105.100(1)(b); 7.105.225(1)(b)
2 R.C.W. § 7.105.010(27)
3 R.C.W. § 7.105.010(33)
4 R.C.W. § 7.105.010(34)
5 R.C.W. § 7.105.010(5)




