The Special Assault Defense Blog | The Marshall Defense Firm

Things to know: It doesn’t matter if it was consensual. Many people assume that the term “rape” implies that some amount of force was used by the perpetrator. Wrong! In fact, force isn’t something the government...

Could I be charged for having a sexual relationship with a 16-year-old?

18 Dec 2019

The Marshall Defense Firm

Could I be charged for having a sexual relationship with a 16-year-old? There is a long-running joke within the legal community about lawyers’ reluctance to answer any question with a simple “yes” or “no.” Instead,...

Can I be sued by someone claiming I abused them as a child at the same time I’m facing criminal charges?

11 Nov 2019

The Marshall Defense Firm

A person who can prove they’ve been sexually abused is entitled to be compensated with money and can bring a civil lawsuit against the alleged perpetrator to get that compensation. Unlike a criminal case alleging...

The Law on Luring

18 Oct 2019

The Marshall Defense Firm

In Washington, a person may be charged with the crime of luring if they order, lure, or attempt to lure a minor (defined as someone under the age of 16) or a person with a...

Six Lessons from the Volk Case for Defendants and Defense Lawyers

06 Sep 2019

The Marshall Defense Firm

By David S. Marshall The Marshall Defense Firm’s seven-year fight for the freedom of Casmer Volk succeeded in August. The firm was preparing for the new trial it had won through a petition for...

How Does a Domestic Violence Protection Order (DVPO) Work?

19 Aug 2019

The Marshall Defense Firm

A Domestic Violence Protection Order (DVPO) is a court order issued to provide protection to a victim of domestic violence. Below are responses to some of the most commonly asked questions regarding a petition for...

Defending Yourself Against a Delayed Accusation of Rape

02 Aug 2019

The Marshall Defense Firm

With the rise of the #MeToo movement, more women are making accusations of sexual assault and harassment, some of the accusations of rape alleged to have occurred years – sometimes more than a decade –...

Can a Visit to the Emergency Room Lead to a Child Abuse Investigation?

17 Jul 2019

The Marshall Defense Firm

In Washington state and most other states, all medical practitioners are required by law to make a report when they suspect a child has been abused or neglected. When a child shows up in the...

Protecting Yourself from Internet Stings

03 Jul 2019

The Marshall Defense Firm

As the public’s use of the internet to connect with others increases, so does law enforcement’s use of internet stings to nab supposed sexual predators. There may be defenses that your attorney could raise –...

Defending Yourself Against False Accusations of Child Molestation

19 Jun 2019

The Marshall Defense Firm

False accusations of child molestation can happen for a number of different reasons. A child might be lying – either of their own volition (perhaps because they’re angry about something) or because they have been...

Civil Damages Claims for Possessing Child Pornography

05 Jun 2019

The Marshall Defense Firm

Regardless of the Outcome of Criminal Proceedings, It May Not Be the End of The Case Most individuals accused of possessing or viewing child pornography are focused on the criminal penalties they might face if...

“Romeo and Juliet” Laws and the Sexual Activity of Minors

20 May 2019

The Marshall Defense Firm

Generally speaking, minors younger than the “age of consent” in Washington (16 years old) do not have the ability to legally consent to sexual acts. This means, for example, that a 20-year-old man who has...

“Operation Net Nanny” and the Commercial Sexual Abuse of a Minor

06 May 2019

The Marshall Defense Firm

In Washington state, an individual can be charged with Commercial Sexual Abuse of a Minor if they: (1) provide anything of value to a minor or a third person as compensation for a minor having...

In Washington, at What Age Can Someone Legally Consent to Sex?

15 Apr 2019

The Marshall Defense Firm

So-called “age of consent” laws, which establish the age at which a person is deemed old enough to legally consent to sex, vary from state to state. Generally speaking, the age at which someone can...

Empty classroom with one black chair in front

What are my options if I have been wrongly suspended or expelled under Title IX?

27 Feb 2019

The Marshall Defense Firm

Title IX was created with the intention of protecting students from sex-based discrimination (which has been interpreted to include sexual harassment and sexual violence) in federally-funded education programs. The reality, though, is that Title IX...

Sealing a Juvenile Sex Offense Record

13 Feb 2019

The Marshall Defense Firm

While many juvenile offenders go on to be law-abiding, productive members of society, this is harder to do if the offenses of your youth continue to follow you into adulthood. Thankfully, in Washington, juvenile court...

Young college man sitting at desk with hands on head while young college woman points her finger at him

False Accusations Under Title IX

30 Jan 2019

The Marshall Defense Firm

Title IX is a federal law that prohibits discrimination based on sex in federally-funded education programs. Because the U.S. Department of Education considers sexual harassment and sexual violence to be a form of sex-based discrimination,...

Female police officer interrogating male suspect in dark room

Do I Need an Attorney If I’ve Already Confessed to a Sex Offense?

16 Jan 2019

The Marshall Defense Firm

If you’ve admitted to some aspect of the crime you’re being accused of, it may feel like an attorney can’t do much to help you, but this couldn’t be further from the truth. The fact...

Red question mark surrounded by multiple smaller white questions raising up from a black background

The One Question Your Attorney Must Answer to Defend You against a Sex Crime Charge

02 Jan 2019

David S. Marshall

Sex crime charges are different. The disgust they provoke in jurors is one of the things that makes them different from most other criminal charges. So is the absence, frequently, of any physical evidence; they...

hand signing sex offender registration document with pen

Can I Be Relieved from My Duty to Register as a Sex Offender?

19 Dec 2018

The Marshall Defense Firm

Many sex-related criminal convictions require that you register as a sex offender – in some cases, indefinitely. Those required to register must provide their name, address, place of employment, photograph, and fingerprints, among other things....

clenched fist of adult with blurry child sitting with head down in background

When does physical discipline become abuse?

05 Dec 2018

The Marshall Defense Firm

Parents or guardians who choose to physically discipline their children may be concerned about whether they are at risk of being accused of abuse. The use of corporal punishment such as spanking is a hotly...

What’s the Difference Between a Protection Order and a Restraining Order?

21 Nov 2018

The Marshall Defense Firm

Washington law provides certain legal mechanisms to individuals concerned that they may become the target of violent, intimidating, or controlling behavior by someone else, often a family member or a significant other. If you’ve been...

Man in handcuffs being interviewed by police

Can I Refuse a Police Interview?

07 Nov 2018

The Marshall Defense Firm

In a word, yes. You are required to identify yourself to the police in some situations, but aren’t obligated to answer questions beyond that. Washington law mandates that any person stopped for a traffic infraction...