Know the Laws: Washington
UPDATED August 21, 2008
A SAPO provides protection from somone who has sexually assaulted you.
- What is a Sexual Assault Protection Order (SAPO)?
- Am I eligible to file for a SAPO?
- What are the steps involved with obtaining a SAPO?
back to topWhat is a Sexual Assault Protection Order (SAPO)?
If you have been the victim of nonconsensual sexual conduct or penetration, as defined by law, you may be eligible to file for a Sexual Assault Protection Order (SAPO). This civil court order is a paper which is signed by a judge and tells your offender to stay away from you or face serious legal consequences. *
You can file for a SAPO regardless of whether or not there is a pending lawsuit, complaint, petition, or other actions between you and the offender.
* Washington Code 7.90.090
back to topAm I eligible to file for a SAPO?
To get a SAPO, you must show that you have been the victim of nonconsensual sexual conduct or penetration. Non-consenual means that you did not freely give agreement to the sexual conduct or penetration. *
In Washington, "sexual conduct" is when the offender: **
- touches or fondles your genitals, anus, or breasts, including through clothing
- displays his/her genitals, anus, or breasts for the purposes of arousal or sexual gratification
- forces you to touch his/her 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 thirteen for the purposes of sexual gratification or arousal
- forces a child under the age of thirteen to touch or fondle (including through clothing) his/her genitals, anus, or breasts
The law defines "sexual penetration" as: **
- any contact between the sex organ or anus of one person by
- an object; or
- the sex organ of another person; or
- the mouth of another person; or
- the anus of another person;
- any intrusion into the sex organ or anus of one person by
- any part of the body of another person; or
- any animal; or
- any object
Evidence of emission of semen is not required to prove sexual penetration. The court does not require proof of physical injury.
Note: The court may not deny your petition for a SAPO:
- because you were voluntarily intoxicated
- because the offender was voluntarily intoxicated
- because you engaged in consensual sexual touching
* Washington code 7.90.030
** Washington Code 7.90.010
back to topWhat are the steps involved with obtaining a SAPO?
The steps for getting a Sexual Assault Protection Order (SAPO) are similar to the steps involved with obtaining an Order for Protection. The forms will be slightly different, so be sure to ask the clerk for the paperwork to file for a Sexual Assault Protection Order.
A person may file on behalf of a minor child or vulnerable adult who have been the victims of nonconsensual conduct or penetration. Victims who are 16 and over can file on their own (don't need parent or guardian).*
* Washington Code 7.90.04