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Legal Statutes: Washington

UPDATED August 10, 2017

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Chapter 7.90. Sexual Assault Protection Order Act

back to top7.90.010. Definitions

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) “Nonconsensual” means a lack of freely given agreement.

(2) “Petitioner” means any named petitioner for the sexual assault protection order or any named victim of nonconsensual sexual conduct or nonconsensual sexual penetration on whose behalf the petition is brought.

(3) “Sexual assault protection order” means an ex parte temporary order or a final order granted under this chapter, which includes a remedy authorized by RCW 7.90.090.

(4) “Sexual conduct” means any of the following:

(a) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing;

(b) Any intentional or knowing display of the genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent;

(c) Any intentional or knowing touching or fondling of the genitals, anus, or breasts, directly or indirectly, including through clothing, that the petitioner is forced to perform by another person or the respondent;

(d) Any forced display of the petitioner's genitals, anus, or breasts for the purposes of arousal or sexual gratification of the respondent or others;

(e) Any intentional or knowing touching of the clothed or unclothed body of a child under the age of thirteen, if done for the purpose of sexual gratification or arousal of the respondent or others; and

(f) Any coerced or forced touching or fondling by a child under the age of thirteen, directly or indirectly, including through clothing, of the genitals, anus, or breasts of the respondent or others.

(5) “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

(6) “Nonphysical contact” includes, but is not limited to, telephone calls, mail, e-mail, fax, and written notes.
[2006 c 138 § 2, eff. June 7, 2006.]