Chapter 9A.44 of the Revised Code of Washington defines crimes involving sex with minors ('statutory rape'). Mary was convicted of violating section 9A.44.076, 'Rape of a child in the second degree'. This crime used to be known as 'Indecent Liberties'.

Do you have any idea what distinguishes First, Second, and Third Degree Rape? Before you click on the links below to display the full definitions, try taking this little quiz:

Which of the following factors do you think weighs most heavily when differentiating between the various degrees of 'rape'? You don't need to rank-order the whole list, just see if you can guess which is the # 1 consideration:

• The parties' capacity to consent.
• The intent of the parties.
• Which party initiated the contact.
• The sexual history (or lack thereof) of the parties.
• The respective genders of the parties.
• The degree of force or threat used.
• Actual 'damage done'.
• The impact of the sentence on innocent parties.
• Wishes of the minor's parents.

I could go on, but these should be enough to make the point.

OK, you're right; this is a trick question. In actual fact, all of the above elements carry exactly the same weight, which is to say, ABSOLUTELY NONE. The only things that even matter are that their ages are more than 36 months apart, and they are not married. Period. End of discussion. Nothing else counts.

This means that if Vili was to have sex with a 16 year old neighbor girl, she would be in exactly the same position as Mary is today. Furthermore, if he was to have sex with an 11 year old neighbor, then he himself would be the 'rapist' serving 7.5 years in prison. (Honest, I'm not making this up.)

RCW Chapter 9A.44 (Complete)

(1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse with another who is less than twelve years old and not married to the perpetrator and the perpetrator is at least twenty-four months older than the victim.

(2) Rape of a child in the first degree is a class A felony. [1988 c 145 § 2.]

(1) A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.

(2) Rape of a child in the second degree is a class A felony. [1990 c 3 § 903; 1988 c 145 § 3.]

(1) A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Rape of a child in the third degree is a class C felony. [1988 c 145 § 4.]

(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, 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. [1994 c 271 § 303; 1990 c 3 § 902; 1988 c 145 § 5.]

(1) A person is guilty of child molestation in the second degree when the person has, or

knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least twelve years old but less than fourteen 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 second degree is a class B felony. [1994 c 271 § 304; 1988 c 145 § 6.]

(1) A person is guilty of child molestation in the third degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim.

(2) Child molestation in the third degree is a class C felony. [1994 c 271 § 305; 1988 c 145 § 7.]

(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim.

(2) Sexual misconduct with a minor in the first degree is a class C felony. [1994 c 271 § 306; 1988 c 145 § 8.]

(1) A person is guilty of sexual misconduct with a minor in the second degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual contact with the victim.

(2) Sexual misconduct with a minor in the second degree is a gross misdemeanor. [1994 c 271 § 307; 1988 c 145 § 9.]

(1) A person is guilty of indecent liberties when he knowingly causes another person who is not his spouse to have sexual contact with him or another:

(a) By forcible compulsion;

(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;

(c) When the victim is developmentally disabled and the perpetrator is a person who is not married to the victim and who has supervisory authority over the victim;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

(e) When the victim is a resident of a facility for mentally disordered or chemically dependent persons and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant relationship with the victim.

(2) Indecent Liberties is a class B felony. [1997 c 392 § 515; 1993 c 477 § 3; 1988 c 146 § 2; 1988 c 145 § 10; 1986 c 131 § 1; 1975 1st ex.s. c 260 § 9A.88.100. Formerly RCW 9A.88.100.]