Rape in The First Degree Elements of The Crime Discussion
For this week’s discussion forum, please review the Chapter 13 materials along with the following link: RCW (Links to an external site.)
Directions: Select one (1) specific type of Sex Offense as listed under Chapter 9A.44 of the Washington State Revised Criminal Codes (RCWs).
In your forum post, copy and paste the elements of the crime. For example…
RCW 9A.44.040: Rape in the First Degree.
(1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(b) Kidnaps the victim; or
(c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(d) Feloniously enters into the building or vehicle where the victim is situated.
(2) Rape in the first degree is a class A felony.
Next, locate a famous case online that in your opinion, satisfies the elements of the WA RCW for your selected sex offense.
Hint: A few template cases to help get you started…..
- Bill Cosby
- Gary Glitter
- Woody Allen
- James Alfred Cooper
- R Kelly
- Brian Singer
- Mark Salling
- Roman Polanski
- Dean Arthur Schwartzmiller
- Jim Morrison
- Brock Turner
- Oscar Wilde
- Nelly
- Tommy Lee
- Paul Reubens
- Jeffrey Jones
- Marv Alpert
Discuss how your researched case could be criminally charged in accordance with the specific WA RCW that you selected.
Answer:
Title: RCW 9A.44.090: Child Molestation in the First Degree
(1) A person is guilty of child molestation in the first degree when the person has, or knowingly causes another person under the age of eighteen, to have any sexual contact with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the first degree is a class A felony.
Case: Roman Polanski
Roman Polanski, a renowned film director, is a famous case that aligns with the elements of RCW 9A.44.090 – Child Molestation in the First Degree. In 1977, Polanski was arrested and charged in Los Angeles for the sexual assault of a thirteen-year-old girl, Samantha Geimer. The incident involved sexual contact between Polanski and the underage victim, who was not married to him, making her ineligible to legally consent.
The facts of the case fit the following elements of RCW 9A.44.090:
(1) Sexual Contact: Polanski engaged in sexual contact with a minor under the age of twelve (thirteen, in this case).
(2) Age Difference: Polanski was more than thirty-six months older than the victim.
The criminal charges brought against Polanski in California could potentially be aligned with Washington State’s RCW 9A.44.090 for Child Molestation in the First Degree if the incident had taken place in Washington.
It is essential to note that Polanski fled the United States before sentencing and has been living in exile in Europe ever since, which has complicated the legal proceedings. Consequently, the case highlights not only the nature of the sex offense but also the complexities in seeking justice when the offender is a high-profile individual and is outside the country’s jurisdiction.
