Tacoma Criminal Lawyer Blog

A recent article published in the Federal Way Mirror detailed how some of Tacoma's more established gangs have begun setting down roots.

Our Tacoma defense attorneys know "gang crimes" can reference a number of different crimes, namely burglaries, auto theft, drug trafficking, graffiti and prostitution. But they can be much more serious, including murder and human trafficking. Crimes that are committed in furtherance of the gang may be punished more severely than those that are carried out without the influence of a gang.

The law says that if a jury or judge finds that the crime was a street-gang-related felony offense, you may receive a sentence that is 125 percent above the statutory minimum. Exactly how much higher will be calculated by tabulating the seriousness level of the crime and then multiplying the range by 125 percent. If that amount exceeds the statutory maximum, the individual will serve the statutory maximum - unless he or she is a repeat offender, in which case the judge has the discretion to dole out even more time.

Under RCW 9.94A.030, a criminal street gang is any group of three or more persons who have a common identifying symbol or sign and whose ongoing primary activities include the commission of criminal acts and whose members, either individually or together, engage in a pattern of criminal street gang activity.

In addition to enhancements, someone involved in gang crimes might additionally be charged with criminal conspiracy, RCW 9A.28.040, which involves the agreement of two or more persons to cause the performance of criminal conduct and then any one of those individuals subsequently takes significant action to carry out that crime.

If the suspected gang member is a minor enrolled in school, he or she may be suspended or expelled for engaging in gang activity on school grounds.

Among the Tacoma and Pierce County gangs that have become now entrenched in Federal Way and other parts of South King County are: Family Mafia Crips, 74 Hoover Criminals, South Side Playboys, King Underground Surenos, West Side Mafia Blood Gang, Sons of Samoa and Sureno King Lokotes.

Federal Way has had a number of high-profile gang-related crimes in recent years, including:

• A July 2011 shooting at a car show, in which 12 people were injured. Six alleged gang members were arrested, prompting a $1.4 million proposal to combat gangs.


• A July 2012 fatal shooting outside a bar and grill.

Between January of 2010 and December of 2011, nine gang-related cases were tabulated in Federal Way. Most of those crimes were reportedly committed by gang members who lived outside the county. Primarily, those have included shootings, stabbings, armed robberies, burglaries, drive-by shootings and gun possession.

A recent report filed by the King County Sheriff's Office indicates there are an estimated 12,000 gang members in the county, with a total of about 145 active gangs, some of multiple generations and most including both men and women.

Continue reading "Federal Way Gang Activity Likely to Result in More Criminal Charges" »

There was good and bad news recently handed down by the U.S. Supreme Court, with one decision expanding the rights of those wrongfully-convicted and another restricting the rights of those who are under arrest.

Let's start with the bad news, which goes for anyone arrested for a violent crime in Tacoma or elsewhere in the U.S.

In a 5-4 decision handed down June 3, 2013 in the case of Maryland v. King, the court ruled that police are allowed to take DNA samples from anyone who is arrested in connection with a serious crime. Such action was already approved in 28 states, including Washington. However, this ruling solidifies that right and also slightly expands it by broadening the language.

In 2009, legislators passed HB 1382, which, as of January 1, 2010, allowed for DNA samples to be taken from all persons - including juveniles - arrested for any felonies, gross misdemeanors or for patronizing a prostitute.

The Supreme Court Justices ruled that swabbing the cheek of a suspect in a "serious crime" is a legitimate police booking procedure that should be considered reasonable under the Fourth Amendment. It is up to the individual law enforcement agency to determine what is a "serious crime."

Justice Antonin Scalia issued a scathing dissent from the bench, arguing that the Fourth Amendment forbids searches without a reasonable suspicion to gather evidence regarding an unrelated crime. As he underscored, "Because of [the majority's decision], your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason."

The case that gave rise to this issue was a man arrested in Maryland in 2009 for assault. His cheek was swabbed, in accordance with state law, and his DNA profile was matched to evidence from an earlier rape, for which he was later convicted.

In the second decision, McQuiggin v. Perkins, the court issued another split 5-4 decision on May 28, 2013, finding that those who can prove actual innocence may not need to meet the current one-year deadline for a federal habeas corpus petition.

This decision is going to apply primarily to those who are wrongfully convicted - and there are more in Washington than one might think. Seattle Weekly recently published an article detailing a number of recent cases in which men served years for serious crimes for which they were later cleared.

Some of those include:

• A 31-year-old Tacoma man convicted of robbing a local gas station in 2004. Two alleged accomplices got lighter sentences for testifying against him. He was sentenced to 17 years in prison. He had always argued that he had been in Los Angeles at the time of the robbery, visiting his probation officer. The University of Washington's Innocence Project found evidence of that after his conviction, and he was released after serving four years.


• A 22-year-old Yakima man was arrested in 1995 for the rape of a young mother, after he confessed when police told them they had DNA evidence of the crime. He was convicted. Turned out, police were lying about that evidence. Real DNA evidence was obtained years later, proving the defendant's innocence - after he had already served nine years.


• A mentally disabled and sexually abused teen from Spokane confessed in 1999 under harsh police interrogation that she had raped her sister over 100 times. She pleaded guilty to first-degree rape. However, after serving five years, she was cleared and released.

What the most recent Supreme Court ruling does is give defendants in cases like this - those who can prove actual innocence - more time to petition the court for their freedom.

By federal law, a person has just one year from the time the case is finalized and/or the new evidence comes to light to file a habeas corpus petition. This new ruling says that if a person can convince a judge that no reasonable juror would have convicted in light of the new evidence, that one-year deadline can be relaxed.

Continue reading "SCOTUS Stretches Deadline for Wrongfully Convicted, Allows DNA Draw After Arrest" »

With a simple strike-through, Washington state lawmakers have eliminated the possibility that one could use marriage as a defense to an allegation of rape.

Washington state House Bill 1108 reformed RCW 9A.44.060(1), which is now amended to read that a person may be found guilty of rape in third-degree when the person engages in sexual intercourse with another person where the victim did not consent and that consent was clearly expressed by the victim's words or conduct or when there was a substantial threat of unlawful harm to the victim. The phrase "not married to the perpetrator" was crossed out in the section, eliminating this as an absolute defense when the allegation was made by one spouse against another.

Our Tacoma criminal defense lawyers know that while many are applauding this move as an overdue act of modernization for the state, the truth is a bit more muddied.

There was good reason why this law remained on the books as long as it did. It was not that men were seen as having free reign to sexually assault their wives. In fact, back in the early 1980s, Washington state removed the marital exemption in cases of first- and second-degree rape allegations. These are the most serious.

But lesser offenses, such as third-degree rape, were not deemed prosecutable between spouses. The reason is because these are crimes with very serious penalties that would be all but impossible to definitively prove between two people who are married.

Essentially, marital rape is a form of domestic violence. Much like cases of domestic violence, these cases are difficult to prove and often rely heavily on one person's word over the other person's. Credibility is subjective and almost totally in the hands of the responding officers and then, later, with the prosecutor.

Washington state was one of only a handful that had retained this exemption. The first marital rape conviction in the country didn't happen until the late 1970s.

The removal of this exception could result in men facing down false accusations of sexually-based crimes against estranged spouses in the midst of contentious divorces, custody battles or just out of vindictiveness. We also worry that it may be used as a bargaining chip or a form of extortion.

In the past, marital rape cases have had limited success in court. DNA evidence is not definitive proof, not the way it would be in a stranger rape case. Proving a sexual encounter occurred between two married people is not enough to prove a crime. One must prove that the encounter occurred through either force, coercion, violence, threats or while the victim was unconscious.

That's a high bar, particularly between spouses. Still, our fear is that this may now embolden jaded, soon-to-be-ex spouses to make allegations that are patently untrue, yet harmful regardless of whether they are proven.

Third-degree rape is a Class C felony, which means it is punishable by up to five years in prison and a fine of up to $10,000.

Continue reading "Washington Marital Rape Exception Stricken From Law" »

Members of Congress say they feel compelled to respond to the "growing epidemic" of sexual assaults in the military in recent years, turning a focus on stripping commanding officers of their authority to dismiss or change convictions in cases of rape or assault.

However, our Tacoma defense attorneys are skeptical of claims that the number of sexual assaults has risen dramatically in the last few years. What has increased, if anything, is the number of reports.

A commanding officer shouldn't be deprived of the authority to carefully weigh the facts and then make his or her own determination as to whether a crime was committed. To enact such a measure would be to all but ensure that innocent soldiers suffer severe consequences for crimes they didn't commit.

The proposed legislation is expected to be slipped into broader defense bill that the House of Representatives is expected to weigh in on the next few weeks.

Another aspect of the bill would inflict harsher punishments for service members who are convicted of sexual offenses. Namely, the law would require that he or she be either dismissed or dishonorably discharged.

A report released last month by the Pentagon indicated that there were an estimated 26,000 sexual assaults believed to have occurred within the military, though the majority of those, the report said, were never reported.

However, the number of military sexual assaults that have been reported rose by 6 percent last year, topping nearly 3,375. An anonymous survey was how the Pentagon reached the 26,000 figure - which is a nearly 37 percent increase from what a similar anonymous survey found a year earlier.

To suggest that military sexual assaults have shot up by nearly 40 percent in a single year is absurd. Rather, what is happening is that as awareness of the issue has increased, more people are identifying as victims.

So for example, let's say two soldiers are intoxicated and engage in a sexual act. A few years ago, this might be viewed as perhaps regrettable but forgotten incident. Today, one of the two is now claiming rape because, upon reflection, the accuser believes he or she may have been too intoxicated to legally consent.

This renewed call for action follows a number of high-profile incidents. One involved a soldier videotaping women in a bathroom at West Point. Another involved the Air Force Lt. Col. who is chief of the Air Force Sexual Assault Prevention and Response branch. He was arrested on a charge of sexual battery for reportedly groping a woman. Yet another incident in the Air Force included allegations that more than 30 instructors at a base in Texas has sexually abused trainees.

Legislators are attempting to paint these incidents as the norm, rather than exceptions - which is what they truly are.

But perhaps the primary incident that has outraged lawmakers, prompting this call for revisions to the defense bill, was a decision made by a Lt. Gen. at an Air Force base in Italy. There, a Lt. Col. was convicted of abusive sexual contact and aggravated sexual abuse. He was sentenced to one year in prison and ordered dismissed from the service. However, that conviction was overturned by the Lt. Gen., who said he found the testimony of the accused and his wife more credible than that of the accuser.

That kind of authority has been granted to senior officers for more than two centuries, stemming from the belief that commanders should be directly responsible for discipline and good order within their units. Stripping those senior officers of this power, many believe, is a grave mistake.

Because of the severe consequences faced by a military member accused of rape, any military member accused of rape - particularly those stationed at Joint Base Lewis-McChord and Naval Base Kitsap - should contact our experienced Tacoma criminal defense firm.

Continue reading "Scourge of Military Rape Allegations Spur Lawmakers to Action" »

A soldier at Joint Base Lewis McChord has been arrested by civilian sheriff deputies on a single count of second-degree rape after his long-term live-in girlfriend accused him of sexually assaulting her after she had passed out drunk.

Our Tacoma rape defense lawyers know that while it's not impossible for prosecutors to win a case like this, it's very tough. Essentially what you are dealing with here is a he-said-she-said, and in the twisted tangle of a complicated romantic relationship, that can get very tricky - especially when you're talking about ruining someone's career and reputation, not to mention locking them up for a long time.

In a case like this, you have two parties who were involved in a long-term romantic relationship, had made the decision to live together and presumably had been engaged in consensual sexual encounters on numerous occasions. None of that means that a rape can't technically occur, but it does make it harder to prove, especially when you throw in the fact that both parties were allegedly intoxicated, and had been drinking together that night.

Perhaps the most difficult evidence for the defense to overcome in this case will be photographs.

Here's what happened, according to Thurston County Sheriff's office investigators:

Both parties had been heavily drinking one Saturday night at a friend's apartment party. At some point, the victim passed out intoxicated on the couch.

She said she was awoken during the attack, when she alleges her boyfriend was reportedly using a beer bottle to sexually assault her.

It's not clear what kind of exchange the two had at that point, though there is said to have been some sort of confrontation in which the soldier/boyfriend is said to have begged her not to tell anyone. She called the police soon after, by which time he had left the apartment.

He reportedly had taken several images of the alleged assault with his girlfriend's cell phone, though there is no indication that any of those photographs were uploaded to any social media sites or sent to a third party.

We don't know whether those images might show that the woman was sleeping or clearly not conscious of what was happening, and that could be the most significant challenge for the defense to overcome.

In a lot of rape cases, investigators will rely heavily on forensic evidence, such as DNA. That won't matter as much here or in cases like it because proof of sexual contact between two romantic partners doesn't prove rape.

It was this same kind of evidence that led to the convictions of the two high school football player defendants in Ohio recently.

Second-degree rape, RCW 9a.44.050, is when a person engages in sexual intercourse with another either by forcible compulsion or when the alleged victim is "incapable of consent by reason of being physically helpless or mentally incapacitated." Technically, intoxication could render a person physically helpless or mentally incapacitated to consent.

Second-degree rape is also charged in place of first-degree rape in circumstances in which a "vulnerable adult" is not married to the defendant, but has a "significant relationship" with him or her.

Continue reading "Washington Rape Allegation Against Soldier by Live-In Girlfriend" »

A 35-year-old Tacoma man was sentenced to 15 years in federal prison and 5 years of parole, after he was found guilty in U.S. District Court of conspiracy to engage in sex trafficking and interstate transportation of an individual for prostitution.

Our Tacoma sex crimes defense lawyers understand that as part of his sentence, he will be required to register as a sex offender upon his release.

His arrest came after an investigation initiated by two local police departments, as well as the Federal Bureau of Investigation, which got involved because the defendant's alleged activities crossed Washington borders into other states.

He pleaded guilty to the two charges above, which was probably wise given the strength of testimony that reportedly would have been offered up by numerous alleged victims, upon which he could have been charged with a host of other Class A felonies. That could have meant a life sentence.

According to court records, this defendant reportedly coerced women to work as prostitutes for him and then violently controlled them. The women were reportedly ordered to give him all money they earned from their work and were not allowed to leave his home on their own. If the rules were broken, they were reportedly met with punishments such as anal rape, beatings, being tied to a bed or being forced to strip naked and stand in a corner.

All of this was allegedly done in plain view of the other women, and prosecutors say that this was likely the intention, as he had hoped to breed an atmosphere of fear, so that others would not be tempted to defy or leave him.

A co-defendant of this man was also found guilty last year, though he had opted for a jury trial. His charges included conspiracy to transport a juvenile for prostitution, interstate transportation of a child for prostitution, conspiracy to engage in sex trafficking by force, fraud or coercion, witness tampering and three counts of sex trafficking by force, fraud or coercion. The trial spanned two weeks, and the jury deliberated just three hours before finding him guilty. He faces life in prison.

The two men were reportedly engaged in the exact same activities, yet one received 15 years, while the other faces a life sentence.

The primary difference is one pleaded guilty and one opted for a jury trial.

Although it seems inherently unfair that one would essentially be punished for exercising his or her constitutional right to a jury of their peers, it is a risk defendants take when they decide to forgo plea deal negotiations. It's a calculated risk, and one that must be carefully weighed with your defense attorney, depending on the weight of the evidence against you and the kind of charges you are facing.

By the same token, a guilty plea is never something you should take lightly. A decision like that should come only after careful thought and extensive consultation with your attorney. Pleading guilty in a sex crime case means that not only will you likely face jail or prison time, you could be slapped with a sex offender label that will follow you for life. It's not a choice you should feel pressured into, and you need to be assured that your attorney will aggressively fight for you in court, if that is the route you choose to take.

Continue reading "Tacoma Sex Trafficking Defendant Given 15 Years Federal Prison" »

A former Tacoma schools security guard was sent to prison in March for four years, following his conviction for having sexual relationships with three female students.

Our Tacoma sex crimes defense attorneys understand that was the latest case in a series of alleged offenses involving students and employees or teachers at Tacoma Public Schools.

School administrators have begun taking a much more aggressive approach on this issue. Every claim, no matter how flimsy, is met with a full-fledged investigation. School officials are encouraging students to report inappropriate interactions or behavior. Students involved in such claims are provided paid counseling sessions by the district.

And now, the schools are also offering beefed up employee training that claims to help teachers and employees recognize sexual predators amongst themselves. As the district's attorney put it, the district wants all employees to be aware of what kinds of behaviors or conduct require further scrutiny. This goes beyond previous school trainings that simply instructed teachers on what they personally should avoid.

Our concern with all of this is that school administrators, employees, students and law enforcement officials may have a tendency to go overboard. Insinuating that every possible interaction has the potential for abuse is going to have people reading more into a situation than is there. We are worried that this could potentially lead to exaggerated claims or even outright false claims.

You may recall not long ago that a Tacoma middle school principal was accused of rape, fired from his job, convicted, sentenced to 30 years behind bars and condemned by the community - only to have his conviction overturned earlier this year.

There was also the case of the former high school band teacher who was forced to resign following an allegation last year that he had engaged in sexual activity with a young student. Parents were issued a letter informing them of the resignation, and the teacher voluntarily gave up his state teaching certificate. However, he was never charged with a crime.

Other recent cases have involved:

• A teacher at Stadium who created a website in which he displayed photographs of students in bathing suits. He later resigned after parents complained, though the school hasn't yet completed its investigation.


• A former middle school teacher from Gray is awaiting trial on an allegation that she engaged in sexual activity with a 12-year-old student.


• A former teacher at Mount Tahoma High School two years ago pleaded guilty to several counts of assault on a student with sexual motivation. Her sentence was suspended in lieu of hefty fines and submission to a psycho-sexual evaluation.


• A former Tacoma teacher was convicted six years ago of kidnapping and raping a 10-year-old student. She also allegedly sexually assaulted the boy's older brother. She remains in prison on a 25-years-to-life sentence.

Following that last case, the district adopted a strict policy that laid the ground rules for interactions between school employees and students.

In the state of Washington, it doesn't matter whether the student is legally of age or the sexual activity was consensual. If it occurs between a teacher and a student, it's considered a crime.

And Tacoma has now added special provisions that might not necessarily be covered under the law, but could get a teacher fired. Those rules go over everything from sharing pornography with a student to actual sexual contact. It could also mean something as simple as being alone with a student when doors or closed. It could be allowing a student to visit a staffer at his or her home.

One of the few exceptions to this is if staffers have students in the school system and are inviting other students to visit his or her home. But even then, supervisors are supposed to be informed.

Continue reading "Tacoma Sex Offenses Involving Teachers Prompt Training" »

A few weeks ago, a woman was reportedly harassed, groped and assaulted by a man at a group home, where she was visiting a friend.

A few hours after that, another woman was followed from a parking lot and grabbed as she went to work.

In both cases, passersby scared the attacker away.

A few months earlier, a convicted sex offender had been released from prison. Tacoma police don't find this latter fact coincidental. In fact, they've arrested that man in connection with both assaults.

Our Tacoma sex offender defense attorneys know one thing is for certain: Any convicted sex offender accused of a second or subsequent crime will need an experienced criminal defense lawyer. We don't know whether this individual committed this crime. What we can say is that police have an easy time homing in on sex offenders when crime happens.

Unfair as it is, sex offenders face additional scrutiny -- long after they have otherwise served their sentence for a given crime. They aren't considered credible or trustworthy. Once convicted, a minor indiscretion might as well be a dozen convictions for a serious attack. And few people are willing to come to their defense.

Also, it's tougher for these individuals to get a job in the first place, so it's not surprising that many of them end up turning to petty theft or other similar crimes.

The one bit of good news is that if the case does make it to the trial phase, your prior criminal history is usually not admissible in court - unless it's directly related to the criminal charge. The bad news is that prosecutors may be able to establish a link or pattern from one previous sex crime to the current one.

So while evidence of your prior sex crime conviction wouldn't likely crop up in a theft case, it could certainly rear its head in a future sex crime case.

If you are convicted, those prior charges are going to count against you when it comes time for the sentencing phase. Most sex crimes have minimum mandatory penalty, and each crime is given a certain number of points. You also receive more points for having prior sex assault convictions. The more points you have, the more time you will be spending behind bars.

It cannot be stressed enough how critical it is for sex offenders accused of a subsequent crime to seek a criminal defense attorney immediately.

In this case, the defendant is charged with unlawful imprisonment, indecent liberties and fourth-degree assault. The first two are serious felonies, per RCW 91.40.040 and RCW 9A.44.100, while the third is considered a gross misdemeanor, per RCW 9A.36.041.

The individual was reportedly caught after, following the second incident, the woman's co-worker grabbed a phone and snapped a photo of the suspect, mulling outside the building where the second woman had rushed into following the attack.

That photograph was then forwarded to local police.

The woman who was reportedly attacked at the group home identified her attacker as the same man in that grainy photograph.

A detective with the local sheriff's office sex offender unit recognized him too, as he had just filed a change of address form, per sex offender guidelines, the previous week.

He was later arrested boarding a bus at a nearby community college, where he attended classes.

Continue reading "Tacoma Sex Offender Arrested on New Sex Assault Charges" »

Three measures relating to human trafficking - one in the Washington House and two more in the Senate - are on the track to becoming law this session.

Our Tacoma sex crimes defense attorneys recognize it's not all bad news for those convicted of prostitution-related crimes, but for the most part, it's going to be mean broader definitions of human trafficking offenses and stiffer penalties for those convicted.

Let's start with the good news: HB 1292. This measure would amend RCW 9.96.060 and allow for vacating of all prior prostitution convictions, regardless of whether there exist multiple convictions or even if some of the convictions are pending.

As it now stands, Washington law only allows for the vacation of a single conviction.

The bill's sponsor holds that many young people are lured into prostitution at a young age - sometimes underage - and that prior convictions can hinder their ability to get a decent job.

Critics of the measure have expressed concern that there would be an infinite number of opportunities for a person to be cleared of prostitution convictions. However, there are a number of conditions under which one could not apply for vacation, including:

• The offense was in another state or in federal court;


• The offense was accompanied by a violent offense or attempt to commit a violent offense;


• The offense was accompanied by a DUI charge;


• The offense involved sexual exploitation of children.

It's worth noting that the court would ultimately have the discretion of whether to let the conviction stand or whether to vacate it. That's why anyone in this situation would do well to consult with a criminal defense lawyer to determine how to go about presenting the best case.

As it seems likely to pass, it could be an opportunity for a fresh start for many people in Washington previously convicted of misdemeanor prostitution.

Meanwhile, under Senate Bill 5488, those charged with use of internet advertising to facilitate the commission of a sex trafficking crime under RCW 9.68A.100, 9.68A.100 or 9.68A.102 would, in addition to all penalties listed therein, also be required to pay a fee of $5,000 per offense. In order for the fee penalty to apply, the court would have to prove that the advertisement was instrumental in the facilitation of the crime.

And then there is Senate Bill 5669, which would amend RCW 9.68A.090 and 2006 c 139 s 1 to expand the definition of trafficking in Washington. If passed, one could be convicted of a gross misdemeanor if found guilty of communicating with a minor (or someone believed to be a minor) for immoral purposes - regardless of whether any actual illicit act is carried out.

This same crime would be boosted to a Class C felony, punishable by up to five years in prison, if:

• He or she has previously been convicted of the same crime;


• Has previously been convicted of another felony sexual offense;


• The communication included the purchase or sale of commercial sex acts and sex trafficking through the medium of electronic communication.

Continue reading "Three Washington State Anti-Trafficking Laws Poised to Pass" »

Washington State is one step closer to increasing the penalties for violation of a stalking protection order from a misdemeanor to a felony.

Our Tacoma criminal defense lawyers understand that the intention is to put stalking from a stranger or acquaintance or neighbor on par with that from someone who is or was intimately known to the individual.

In the latter scenario, a domestic violence injunction is a criminal offense. It's usually a gross misdemeanor, but it could be elevated to an additional Class C felony charge if accompanied by an assault.

However, domestic violence injunctions require that there be some type of relationship between the two parties, be it romantic or familial or someone with whom you dwell or have children.

If a person doesn't have that kind of relationship with the individual against whom they would like to file a protection order, the only option is an antiharassment order. In this case, no relationship need be established.

Stalking is defined in RCW 9a.46.110. It holds that a person can be convicted under this statute if he or she repeatedly and intentionally harasses or follows another person, intends to frighten, intimidate or harass the other person or should know that such actions would cause a reasonable person to feel frightened.

Under the current law, a violation of this is only a gross misdemeanor.

Now, Senate Bill 5452 and companion House Bill 1383 are poised to change that by making a violation a felony - regardless of whether an assault took place. The measures have passed both the House and the Senate. Both must now undergo public hearings before the end of the month, at which time they will be forwarded to the governor's office for final approval.

The only real defense to stalking, aside from proving that the alleged victim is exaggerating or you have not committed the crime of which you are accused, is if you are a licensed private investigator. The court doesn't consider it a valid defense if you didn't mean to frighten or harass the victim -- even if the victim didn't expressly tell you to stop.

Stalking is a gross misdemeanor.

Aggravated stalking is a felony punishable by up to five years. These measures would up that penalty to 10 years.

Furthermore, the bill would create the framework for judges to institute a criminal stalking no-contact order that would require offenders to wear electronic tracking devices and be subject to additional methods of community control.

However, it's worth noting that judges ALREADY have that discretion.

The legislation has been pushed by the father of an elementary school teacher who was shot and killed outside her school by a man who had reportedly been stalking her for some time. She had worked with him briefly in college before he began following her, but she didn't really know him.

At the time of her death, he was out on bail following a violation of an antiharassment order.

The suspect was later fatally wounded by police.

This is not the first time tougher anti-stalking laws have been introduced in Washington, but this is the closest they have ever come to becoming law. A previous attempt last year was lobbied against by judges, who argued that it would be a hefty administrative burden on the courts.

Continue reading "Washington Stalking Protection Order Violations Soon to be Felonies" »

The alleged sexual assault out of a small, rust belt Ohio town has riveted the country for months, culminating recently in a guilty verdict for the two boys on trial.

Our Tacoma rape defense lawyers know that the fact that these two were tried in juvenile court was a major victory in and of itself. It meant that the testimony involved wasn't going before a fickle jury and it meant the penalties weren't going to be nearly as severe as they might have been had the cases been tried in adult court.

The longest these two defendants will be behind bars is until their twenty first birthdays, though one could be out within a year and the other within two years, with good behavior and an appropriate expression of remorse.

However, we certainly understand that for two rising high school football stars, a conviction will impact the rest of their lives.

The case ultimately came down to a question of intoxication. Prosecutors had argued the 16-year-old female reportedly had so much to drink that she was completely incapable of consent. Defense attorneys, meanwhile, contend there were numerous witnesses purporting that she was walking, talking and coherent throughout the night.

What was the most damning for these individuals were pictures, videos and text messages that were circulated that night and beyond, showing the girl reportedly being carried around and appearing asleep. One cell phone video reportedly even captured one of the crimes, though it was later deleted.

Cases in which such evidence does not exist are exponentially more difficult for prosecutors to press forward because the question of "intoxication" is subjective. It's not as if people are carrying breathalyzers with them on dates or to parties to see whether prospective partners are in fact too inebriated to provide consent. In fact, most of the time, both parties are consuming alcohol or other substances.

So at what point is a person considered too impaired to offer consent? In Washington state, RCW 9A.44.050 holds that a person can be convicted of first-degree rape (a Class A felony, punishable by up to 20 years in prison) if he engages in sexual intercourse with another in a situation where the person is, "incapable of consent by reason of being physically helpless or mentally incapacitated."

It's rather broad. Does it mean slurring words? Does it mean stumbling? Does it mean completely passed out?

Prosecutors could probably make a good case for that very last one, assuming they could prove it, but the rest are all really subjective. And that's why you should never assume that an arrest is akin to a conviction.

Some defendants in these situations make the mistake of trying to "clear things up" with the police by offering their side of the story before they've had a chance to speak with an attorney. This is generally a bad idea, even if you are sure you've done nothing wrong. Detectives are trained to extract information from you that you might not otherwise offer or that might be a twisted representation of what actually occurred.

Your chances for having such charges dismissed are usually good, but your first move absolutely must be to call an experienced lawyer.

Continue reading "Intoxication and Consent: The Primary Issue in Ohio Teen Rape Trial" »

A 20-year-old man is accused of being a party to the kidnapping, rape and forced prostitution of a 15-year-old California girl.

Our Tacoma defense attorneys understand the specific charges he faces are third-degree rape of a child and promotion of commercial sexual abuse of a minor.

Detectives noted that when the young man was questioned, the interview had to be halted for the fact that the defendant broke down in tears and was deeply emotionally distraught. Many online commentators mocked his reaction, saying it was in response to the potential consequences, and not the ordeal of the alleged victim.

Consider first, though, that we don't know all of the facts of this case and how much the alleged victim has said is actually true.

Secondly, the charges this man is facing are Class A and Class C felonies, respectively, meaning he is facing up to 25 years in prison if convicted. If the allegations against you were severe, exaggerated and/or false, you would probably cry too.

In the end, the case may come down to the credibility of the parties involved and whatever other evidence prosecutors may have to bolster the teen's story. According to news reports, this is the version that has so far been relayed by the alleged victim:

In November, she had made an acquaintance with a man in California who went by the name of "Hollywood." At some point, he reportedly forced her at gun point to a house where she was made to have sex with several men. This man reportedly threatened to kill her if she made any attempt to escape.

This individual then reportedly forced her to roam certain streets to seek dates for prostitution. He also allegedly shot several naked photographs of her, which were then posted to several web pages in an effort to solicit more customers. The money that she made was then turned over to this individual.

At the beginning of March, this individual arranged for her to be taken to Tacoma, where she then met up with the defendant. It's unclear whether the defendant had any idea of this girl's supposed history.

The three individuals then went to a hotel room, where she says the defendant raped her before collecting roughly $1,000 from several other men in order to do the same.

A few days later, the defendant reportedly took the girl to a fast-food restaurant. While there, she was able to escape and contact police, calling at first to say her wallet had been stolen.

The defendant was then arrested at his home the following day. He has pleaded not guilty to the charges against him, and is being held on $75,000 bond.

Again, a lot of this is going to come down to the credibility of the testimony of those involved and whether this "Hollywood" person can be located or if he even exists.

RCW 9.68a.101 holds that a person may be guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act upon a minor or if he or she profits from that abuse or act.

RCW 9A.44.079 holds that a person is guilty of third-degree child rape when he or she has sexual intercourse with a person between the ages of 14 and 16 to whom the defendant is not married and is at least 48 months older. It does not require the element of force.

Continue reading "Tacoma Prostitution, Rape Charges Filed Against 20-Year-Old" »

Jurors needed less than three hours to reach their verdict in the highly-publicized rape trial of star University of Montana quarterback Jordan Johnson: Not guilty.

For all the hype surrounding this case - up to and including an ongoing federal investigation into the university's handling of numerous sex offense allegations -- our Tacoma sex crimes defense lawyers know that this came down to a situation of he said-she said.

Usually, that is not enough to establish probable cause in a case, which is why this one probably should have never ended up before a jury in the first place. An experienced defense lawyer would fight aggressively to have a case like this dismissed before it ever reached a courtroom.

He faced up to 100 years in prison under state law if found guilty.

Here's what reportedly happened:

A 21-year-old female student reportedly invited the football player to her room, where they watched a movie. The female student said the two had been flirtatious with one another prior to the date. She picked him up and once he was in her room, the two began kissing. The woman said things quickly got out of hand and the defendant positioned himself on top of her, became aggressive and forced her to have sexual intercourse.

The defense, however, had a completely different story. They didn't deny that a sexual encounter occurred. However, they insisted that the woman had not only consented, she had encouraged and enjoyed the act. The defense further contended that the alleged victim had noted she didn't mind whether a condom was used. Her motive for the allegation, they contended, was that after the encounter, the defendant got up, said "Well, thanks" and left.

Slimy? Yes. Criminal? No.

After three weeks of intensive testimony, the jurors appeared to see through the case as well.

As for the defendant, the mere allegation has completely thrown his life off-track. He was suspended and later removed from the football team once the felony charge against him was filed. He was able to remain in school, but it's not clear whether he will return to the team.

It's hard to deny, though, that this student was caught up in a series of high-profile incidents involving the school and school athletes. In December 2011, the university president ordered an outside investigation after two students were reportedly raped after they had been drugged.

Then there was an investigation spearheaded by a former Supreme Court Justice, which reportedly revealed nine allegations of sexual assault or rape involving a student between the fall of 2010 and the fall of 2011. One of those led to another football player eventually pleading guilty to rape and being sentenced to a 10-year prison term.

Then, a dean of students was criticized after he reportedly alerted a foreign student to sexual assault allegations that were being made against him. That student fled the country before charges could be filed.

Then last spring, the state's education department launched an investigation into charges of discrimination for failure to address sexual assault claims. That investigation is ongoing, as is the one being conducted by the U.S. Justice Department into the school's handling of prior sexual assault investigations and prosecutions.

The bottom line in all of this is that university students may not at first realize the depth of the trouble they may be in when an allegation like this surfaces. As the parent, you may need to take matters into your own hands in securing an experienced lawyer. It could just be an investment that will rescue his future.

Continue reading "Not Guilty Verdict in Rape Trial Involving Star Quarterback" »

If you have been accused of a sexually violent offense in Tacoma, you may think that your biggest problem is the potential for a decades-long sentence that looms over your head.

But our Tacoma sex crimes defense lawyers know that's just the beginning. Since 1990, prosecutors have had the option to refer sex crimes convicts straight from prison to a total confinement facility on McNeil Island. This sex offender treatment program involves rigorous therapy - and no end date. Basically, you can transition out when those at the Department of Social and Health Services decide you are well enough to do so.

No other kind of offender in our society has to serve a sentence after he serves his sentence. One could make a strong argument as to the inherent unfairness of this system. But the fact is, the facility's existence has already been challenged all the way up to the U.S. Supreme Court, which affirmed its actions. So for you, the greater concern is avoiding a conviction in the first place. Otherwise, that 15-year sentence could easily turn into a life sentence. That makes hiring an experienced criminal defense lawyer to represent you all the more critical.

The Tacoma News Journal recently explored the latest trend on the island, which saw an unprecedented number of releases in recent years. As of right now, there are about 300 offenders serving time there. A total of nearly 420 have been shuttled there since the program opened in 1990, yet only 86 have gained their freedom - most of those in the last several years.

For the first time ever, the paper reports, releases have actually outpaced admissions. However, there is a reason for that which could be overlooked: Harsher sentencing laws mean that convicts aren't getting out of prison in the first place.

Even then, most of those being released are between the ages of 55 and 70, in line with research indicating that rates of reoffending drops significantly among rapists above the age of 60 and child molesters above the age of 70.

Those locked up on McNeil Island are given certain scores that determine their likelihood of being released. Turning 60 automatically shaves 3 points off an offender's score.

Plus aging prisoners tend to cost these facilities more in terms of medical care, which the paper posits could be another motivating factor for letting more of the older residents go - though the DSHS denies that finances are a factor in the decision.

And yet another factor that could be playing into why more of these men are being released is the skill with which defense attorneys are approaching release hearings - challenging the misguided notions that were landing many of them there in the first place.

Yet despite all the time they spend there, therapists who have treated those who have left the facility say they were left ill-prepared for the outside world. They often don't have family support. They have no job prospects. Many have learning disabilities or are elderly. They have to notify employers and schools about their status. Having lived decades without freedom, it's as if the facility then sets them up for failure by then releasing them with no support.

Continue reading "Tacoma Sex Crime Convicts Imprisoned at Special Commitment Center After Sentence" »

For 17 years, two men sat in a Washington State prison, convicted of breaking into a La Center home and raping a housekeeper.

Problem was, they were innocent all along.

Now, our Tacoma sex crimes defense lawyers understand that one of those men has become a staunch supporter of a new bill that would require the state to pay $50,000 for each year a wrongfully-convicted person is incarcerated.

House Bill 1341 would also allow for another $50,000 for each year a wrongfully convicted person spent on death row.

This is actually the third time such a proposal has been made in Washington. It lost steam last year amid state budget woes and concerns that the state would not be able to pay. From our point-of-view, perhaps prosecutors should think about that before they go full-force against a suspect on such serious charges.

This case was flawed from the beginning. There seems to be little doubt that a sexual assault occurred. A medical exam and rape kit verified that it was a violent incident. The woman was reportedly caught by surprise and blindfolded after a brief struggle. Her legs were tied to a kitchen table and she was brutalized with a foreign object and then raped by one of the men while the other held her down, according to police.

Because events transpired so quickly and she had been blindfolded, the only real description that the victim could reveal was the color of her attackers' hair - one blond, the other brown. Police released that description to the public amid the search. After that, an anonymous person called to say that two of his former friends - the defendants - fit that description (as would thousands of other men in the area, to be sure).

Police immediately homed in on the two and put both of their photos in a line-up to show the victim - the same one who had been blindfolded almost the entire time. She made a tentative identification of one of the men, but couldn't identify the other. In a second line-up, she identified both men. However, it's worth noting that those two were the only two who appeared in both line-ups, which goes a long way toward explaining why their faces may have looked familiar.

Based almost entirely on that identification, the two men were arrested and later convicted. At the trial, it's been reported, absolutely no physical evidence was presented to show guilt. At the time, DNA testing was widely unused.

It wasn't until the Innocence Project got involved nearly two decades later that DNA tests fully exonerated both men.

Such travesties of justice are frighteningly common, even with forensic science advancements. A recent study by Ohio State University concluded that an estimated 10,000 people in the U.S. are wrongfully convicted each year. That was based on an extensive survey of hundreds of sheriffs, police officers, public defenders, prosecutors and judges. Seventy-five percent said they believed it was more than zero, but less than 1 percent. The 10,000 figure represents 0.5 percent of the roughly 2 million criminal convictions made each year.

Not all of those are sexual assaults, of course, but we would venture to say that a disproportionate number of those cases are sexual assaults, given the high propensity for mistaken identity in these cases, primarily through faulty witness statements.

This underscores the immense importance for defendants accused of sex-based crimes to hire a lawyer with skill and experience.

Continue reading "Wrongly Convicted of Rape, Washington Men Seek Redress" »