WAC 132Q-30-244   Sexual misconduct.  Sexual misconduct of any kind including rape, indecent liberties, assault of a sexual nature, voyeurism, or unwanted sexual contact is prohibited.

     (1) Rape is sexual intercourse with a person who did not consent by his or her words or conduct. Consent to sexual activity means actual words or conduct indicating the person has freely and voluntarily agreed to have sexual intercourse.

     (a) Silence or mere passivity from a state of intoxication or unconsciousness does not imply consent to sexual intercourse.

     (b) Lack of consent is implied if force or blackmail is threatened or used.

     (2) Indecent liberties means knowingly causing sexual contact with a person by forcible compulsion or when the person is incapable of consent by reason of mental defect, mental incapacitation, or physical helplessness. Sexual contact is defined as any nonconsensual touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party.

     (3) Voyeurism is arousing or gratifying sexual desire by viewing, photographing, or filming another person without that person's knowledge and consent and/or while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy.



[Statutory Authority: Chapter 28B.50 RCW. 07-10-042, § 132Q-30-244, filed 4/25/07, effective 6/25/07.]