According to Court records, a 28-year-old woman named Chantae Gilman plead guilty to breaking into a man's Seattle apartment and raping him in his sleep will serve nine months in jail. She was charged with Sexual Assault in both the 1st degree, and 2nd degree. The incident happened back in June 2013, but it was not until a recently completed DNA test led prosecutors to file charges against Gilman. The unidentified victim said he awoke with the defendant on top of him. The defendant's sentencing will not be until this coming June.
The Law on Sexual Assault is Gender Neutral
From a statistical perspective, female-on-male sexual assault is extremely rare. But the law is gender-neutral when it comes to serious crimes such as this. Theoretically, a woman-on-man assault or same-gender assault, should still be prosecuted in the same manner, with the same sentencing.
Chapter 9a.44 of the Washington Code covers all sex offenses. A person is guilty of rape in the 1st degree if s/he forces sexual intercourse by:
- a) Using or threatening to use a deadly weapon or what appears to be a deadly weapon; or
- b) Kidnaping the victim; or
- c) Inflicting serious physical injury, including but not limited to physical injury which renders the victim unconscious. See 44.040.
It is a Class A Felony punishable by a minimum of 3yrs. Imprisonment. See 9A.44.045.
A person is guild of Rape in the 2nd degree if the person engages in sexual intercourse with another person:
- a) By forcible compulsion;
- b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
- c) When the victim is a person with a developmental disability;
- d) When the perpetrator is a health care provider, the victim is a client or patient;
- e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency;
- f) When the victim is a frail elder or vulnerable adult. See 44.045
Rape in the 2nd degree is also a Class A felony.
Prosecution of Rape Crimes
Just last October 2014, the Washington Supreme Court in State v. W.R. Jr., ruled it is a violation of Due Process to require a rape defendant to prove consent in rape trials, shifting the burden to the state. It was also a controversial opinion, with critics saying it will make it harder to punish dangerous sex offenders.
Let My Extensive Experience as a Former Prosecutor Work For You."
Whether it be a felony, misdemeanor, juvenile case, DUI, or a sexual assault case, criminal defense attorney Steve Karimi is committed to defending your constitutional rights. Whether that's dismissal or reduction of charges, a not-guilty verdict, or an alternative sentence, Mr. Karimi understands the challenges and frustration you face, as well as the best options available to your defense. If you or a loved one has been charged or arrested for a sexual assault, do not fight this battle alone. The Law Offices of Steve Karimi can help. Call 206-621-8777 during regular business hours or 206-660-6200, 24 hours a day for a free consultation. You can also e-mail us now to set up an appointment.