1. (1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

   1. (a) By forcible compulsion;
   2. (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

   3. (c) When the victim is a person with a developmental disability and the perpetrator is a person who:

      1. (i) Has supervisory authority over the victim; or
      2. (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
   4. (d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
   5. (e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or

   6. (f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:

      1. (i) Has a significant relationship with the victim; or
      2. (ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
2. (2) Rape in the second degree is a class A felony.

[ 2023 c 470 s 3008; 2021 c 142 s 1; 2007 c 20 s 1; 1997 c 392 s 514; 1993 c 477 s 2; 1990 c 3 s 901; 1988 c 146 s 1; 1983 c 118 s 2; 1979 ex.s. c 244 s 2; 1975 1st ex.s. c 14 s 5. Formerly RCW 9.79.180.]

Notes:

Explanatory statement—2023 c 470: See note following RCW 10.99.030.

Effective date—2021 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 26, 2021]." [ 2021 c 142 s 11.]

Effective date—2007 c 20: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 10, 2007]." [ 2007 c 20 s 4.]

Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.

Severability—1988 c 146: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 146 s 5.]

Effective dates—1988 c 146: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1988]. The remainder of this act shall take effect July 1, 1988." [ 1988 c 146 s 6.]