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WPIC 44.11 Rape of a Child—First Degree—Elements

11 WAPRAC WPIC 44.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 44.11 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part VII. Sex Crimes
WPIC CHAPTER 44. Rape of a Child—Child Molestation—Sexual Misconduct with a Minor
WPIC 44.11 Rape of a Child—First Degree—Elements
To convict the defendant of the crime of rape of a child in the first degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant had sexual intercourse with (name of child);
(2) That (name of child) was less than twelve years old at the time of the sexual intercourse and was not married to the defendant;
(3) That (name of child) was at least twenty-four months younger than the defendant; and
(4) That this act occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use WPIC 45.01 (Sexual Intercourse—Definition) and WPIC 45.06 (Married—Definition) with this instruction.
For cases involving multiple acts, use WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) or WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act). See WPIC 44.00 (Introduction—Sex Offenses Against Children) and Notes on Use and Comments for WPIC 4.25 (Jury Unanimity—Several Distinct Criminal Acts—Petrich Instruction) and WPIC 4.26 (Jury Unanimity—Several Distinct Criminal Acts—Election to Specify a Particular Act) for further discussion.
If there is an issue as to the defendant's knowledge or belief regarding the age of the other person or if the statutory defense is in issue, use WPIC 19.04 (Rape of a Child—Defense) with this instruction.
For a discussion of the phrase “this act” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.44.073.
RCW 9A.44.030(2) and (3)(a) create a defense to a charge of rape of a child in the first degree if the defendant reasonably believed, based upon declarations as to age by the victim, that the victim was at least 12 or was less than 24 months younger than the defendant. For a detailed discussion of the defense and burden of proof issues relating to it, see the Comment to WPIC 19.04 (Rape of a Child—Defense).
Sexual gratification is not an element of rape of a child. State v. Gurrola, 69 Wn.App. 152, 848 P.2d 199 (1993); State v. Saiz, 63 Wn.App. 1, 816 P.2d 92 (1991).
Under RCW 9A.44.073, the State “must prove that the defendant penetrated, at a minimum, the lips of the victim's sexual organs.” State v. Bishop, 63 Wn.App. 15, 816 P.2d 738 (1991) (with finger). See State v. Biles, 73 Wn.App. 281, 871 P.2d 159 (1994).
Because there is no mens rea for the crime of rape of a child, there is no inconsistency with the intent requirement of the attempt statute that would preclude a charge of attempted rape of a child. The mens rea for attempted rape of a child would be intent to have sexual intercourse (with the victim and perpetrator not being married, and the ages of the victim and perpetrator, remaining “strict liability requirements”). State v. Chhom, 128 Wn.2d 739, 743, 911 P.2d 1014 (1996).
[Current as of December 2019.]
End of Document