The Special Assault Defense Blog | The Marshall Defense Firm

This may seem like a fairly straightforward question, but in reality, a sexual relationship with someone who is 16 or 17 in Washington can be riddled with legal landmines (even if the other party is...

What Can We Learn from the Allegations of Sexual Misconduct Against Comedian Chris D’Elia?

24 Jul 2020

The Marshall Defense Firm

In late June, comedian Chris D’Elia faced a barrage of accusations from multiple women – some named and some anonymous – on Twitter. While some of these women encountered D’Elia as young adults, others recalled...

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

01 Jul 2020

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...

Tacoma Doctor Diagnosing Child Abuse without Specialized Certification Raises Concerns in New King 5 Investigation

16 Jun 2020

The Marshall Defense Firm

A recent King 5 investigation revealed that a Tacoma doctor regarded as one of the state’s preeminent experts in identifying subtle signs of child abuse lacks specialized medical training in this area. Since 2009, the...

Child Abuse Allegations Down in the Wake of COVID-19 Shutdown

03 Jun 2020

The Marshall Defense Firm

In a post last month on domestic violence in the time of coronavirus, we noted that these types of allegations were likely to increase with everyone spending more time in their home and feeling higher...

Singer R. Kelly Faces New Allegations of Sexual Abuse: What Would the Charges Look Like if He Were Accused in Washington State?

13 May 2020

The Marshall Defense Firm

On February 14, 2020, The Chicago Tribune reported that singer R. Kelly is facing yet another allegation of sexual abuse of a minor in Illinois. For those unfamiliar with Kelly’s ongoing legal woes, he has...

Domestic Violence in the Time of Coronavirus

01 May 2020

The Marshall Defense Firm

The coronavirus pandemic has impacted all aspects of life in Washington. With many people staying home nearly all the time and everyone stressed by the danger of a new and deadly disease, domestic violence allegations...

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

25 Mar 2020

The Marshall Defense Firm

There is a long-running joke within the legal community about lawyers’ reluctance to answer any question with a simple “yes” or “no.” Instead, what you will often hear is, “It depends.” There’s a good reason...

Three Things You Should Know about “Rape of a Child”

10 Jan 2020

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

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...