Have you been accused of domestic sexual assault or marital rape? Without a good defense lawyer, you could be facing years in prison and tens of thousands of dollars in fines.
Milios Defense provides proactive representation for domestic violence (DV) charges. Our Seattle domestic sexual assault attorney will offer the same level of attention, sensitivity, and non-judgmental counsel to you in cases of rape and sexual assault. No matter the allegations, we are here to defend you.
If you’ve been accused of spousal rape or sexual assault of an intimate partner in King County, you need an attorney who will protect your reputation and your rights. Contact our Seattle domestic violence defense law firm for a free consultation. You can also reach our law firm by phone at any time by calling (206) 693-4635.
Legal Definition of Domestic Sexual Assault
According to Washington Administrative Code (WAC) 504-26-221, sexual assault refers to any kind of sexual act performed against another person without their consent. This covers any non-consensual sexual contact through force or coercion.
Cases of domestic sexual assault can apply to relationships between husbands and wives, domestic partners, and unmarried couples.
What Constitutes Consent According to Washington Law
In the state of Washington, consent must be clear, knowing, and voluntary at all times of sexual activity. Anything less than clear, knowing, and voluntary consent is considered a “no” and renders the contact non-consensual.
Note that the use of drugs or alcohol before or at the time of sexual activity cannot be used as a defense or excuse for what occurred.
How Milios Defense Can Help You: Why Choose Our Law Firm
Our Seattle-based legal defense practice has helped the people of King County since 1993. Our team will provide representation without judgement. You are entitled to a strong defense for any serious allegations of domestic violence and spousal sexual assault. We will focus on the facts of the case and the evidence available.
An Attorney Who Understands Prosecution and Defense
Defense attorney Tim Milios began his legal career in the Pima County Prosecuting Attorney’s Office in Arizona. While there, he grew dissatisfied with the prosecutorial mentality of obtaining a conviction regardless of the facts.
Tim realized his skills, talent, and compassion were better suited for developing defense strategies to ensure the legal system works as intended. He moved back to Washington to start his criminal defense practice.
A Proactive Approach to Domestic Violence Defense
The Seattle-based team at Milios Defense takes a proactive approach to representation. We counsel all of our clients accused of domestic violence to take steps to ensure the best outcome possible in their case. This includes drafting reports of what happened to avoid “he said, she said” situations.
We’ve created a self-help guide to proactive domestic violence defense that we encourage clients to follow. We also encourage you to share this guide with any loved ones who’ve been accused of domestic violence or sexual assault involving an intimate partner.
Free Consultations and Reasonable Pricing
Your legal consultation at Milios Defense is free of charge. During this free case review, we will discuss the facts of your case. By listening to your side of the story, we can develop a sound defense strategy that considers two important matters:
- How can we protect your reputation while your case is pending
- How can we ensure you resume your normal life once the case is concluded
With regard to legal fees and the cost of a defense attorney, Milios Defense will provide high-caliber representation at a fair and reasonable price. We are not a cheap law firm in Seattle, WA, but our decades of experience and expertise in domestic violence and sexual assault cases justify the cost of our legal services.
24/7 Availability with Prompt Responses
Milios Law firm is here to support the people of Seattle 24/7. Our domestic sexual assault defense attorney is on call and available. If our defense team cannot take your call or message at the moment, we will respond as soon as possible.
The entire team at Milios Defense wants clients to feel informed during every step of their case. With steady communication, we can help you feel empowered and informed rather than passive or confused. This is part of our proactive approach to legal defense.
Set Up a Free Consultation to Discuss Your Case
If you have been accused of spousal rape or domestic sexual assault in Seattle, request a free consultation at our King County law office. Our experienced defense lawyer is ready to listen.
Penalties for Spousal/Marital Rape and Domestic Sexual Assault
The legal penalties for domestic rape and sexual assault vary based on the nature of the incident. As part of your free legal consultation, our defense lawyer can help you understand the severity of your domestic sexual assault charges and the potential penalties involved.
Penalties for First-Degree Rape
According to Revised Code of Washington (RCW) 9A.44.040, rape in the first degree is a Class A felony. Penalties include:
- A maximum sentence of life in prison
- A fine up to $50,000
Penalties for Second-Degree Rape
According to RCW 9A.44.050, rape in the second degree is also a Class A felony. As with rape in the first degree, penalties include:
- A maximum sentence of life in prison
- A fine up to $50,000
Penalties for Third-Degree Rape
According to RCW 9A.44.060, rape in the third degree is a Class C felony. Penalties include:
- A maximum sentence of 5 years in prison
- A fine up to $10,000
Registration as a Sex Offender
As noted by RCW 9A.44.130, any adult convicted of a sex offense must register as a sex offender with the county sheriff of their county of residence.
According to the Washington Association of Sheriffs and Police Chiefs (WASPC), a person must register as a sex offender for life for Class A felonies like first-degree and second-degree rape. For Class C felony sex offenses like third-degree rape, a person must register as a sex offender for 10 years.
Repercussions of Domestic Sexual Assault Allegations
Jail time, fines, and registration as a sex offender can have major effects on your life, your career, and your family. There are many repercussions to sexual assault convictions that go beyond the state criminal penalties noted above.
Effects on Your Personal Reputation
If you are convicted of domestic rape or sexual assault, this can ruin your reputation among friends, colleagues, and family members. A felony conviction can make you a pariah around people you’ve known for many years.
Even if you are not convicted, spousal rape and domestic sexual assault allegations carry a massive stigma. This may affect how others see you for the rest of your life. This is why Milios Defense helps protect clients during their case and prepares them for life after the case has been resolved.
Effects on Your Professional Life
Companies may take note of the personal conduct of their current employees. Since many employers are at-will workplaces, there is a risk that a domestic sexual assault conviction could cost you your job. It may even derail your career goals for the foreseeable future.
For someone seeking a new role in the Seattle area, job searches could become more difficult. During the interview and background check process, a company may be less favorable to you as a potential candidate if they see a domestic violence or domestic sexual assault conviction on your record.
Effects on Your Rights as a Parent
If you have children with your spouse or ex, a martial rape charge could be used in family court to deny you custody or visitation. You may only be permitted supervised visits with your kids, or you could lose all access to your children as a result of a conviction.
This is why it’s crucial to have a domestic sexual assault attorney contest allegations and ensure you have a robust defense strategy in place.
Contact Our Seattle Law Firm for a Proactive Defense Strategy
Domestic rape and sexual assault convictions can change your life and livelihood. You need a skilled defense lawyer who will listen without judgment and focus on the facts of the case. Tim Milios is that attorney. To set up a free consultation with an experienced Seattle domestic sexual assault lawyer, contact our King County defense law firm.
Disputing False Accusations of Rape and Sexual Assault
All allegations of domestic violence, rape, and sexual assault need to be investigated and taken seriously. Unfortunately, there are some cases in which a person makes false accusations of rape or sexual assault.
These false allegations are often made to ruin a person’s reputation, seek revenge against a spouse or partner, or to leverage negotiations in a divorce proceeding or child custody dispute. It’s crucial to have a Washington defense lawyer on your side who knows how to handle these unprincipled acts of retaliation.
With Milios Defense, we can address inconsistencies and fabrications as part of your legal strategy. Our focus will always be on the facts as we proactively protect your reputation and your rights. As part of this process, our defense lawyer can also discuss seeking criminal penalties for making false reports and civil remedies for defamation (libel and slander).
Appealing a Domestic Sexual Assault Case
While we trust the criminal justice system to work for the people, sometimes judges, juries, and attorneys make mistakes. That is why Milios Defense can assist with appealing a domestic violence conviction in Washington, including felony convictions for marital rape or sexual assault.
Rather than retrying the case, the appellate process allows people to call attention to critical errors in a past legal proceeding that could potentially get a conviction overturned.
Possible Grounds for Appeal
There are numerous grounds for appeal in domestic rape and sexual assault cases, including:
- Insufficient evidence to prove guilt beyond a reasonable doubt
- Improper admission of evidence in a case
- Prosecutorial misconduct that crossed ethical lines
- Sentencing errors by the judge that did not follow proper guidelines
In addition, you can seek an appeal if you felt your previous defense lawyer provided ineffective counsel. When previous defense attorneys lack diligence or effectiveness, clients can turn to Milios Defense. Our lawyer has extensive experience with the criminal appeals process and its nuances.
Expunging Domestic Sexual Assault Charges
If you are convicted of spousal rape, our Seattle domestic sexual assault lawyer can assist you with possible expungement and vacating criminal conviction records. This can help people all over King County whose lives and livelihoods have been adversely affected by a criminal conviction in the past.
During a free case review, the team at Milios Defense can determine if you are eligible for vacation of your conviction. We can then prepare you for the process and what it entails step by step. If you can get your domestic sexual assault conviction vacated, it will be removed from your criminal record and you can say that you were not convicted of that crime.
Restoring Your Civil Rights After Conviction
In addition to erasing a past conviction, Milios Defense can look into restoring your civil rights that were taken away as a result of a felony conviction. This includes the right to vote, the right to own a firearm, and lifting of travel restrictions.
While this may not always be possible, our defense attorney and his legal staff can research the matter and provide answers to your questions.
Removal From the Sex Offender Registry
People who were convicted of domestic sexual assault may be able to get removed from the sex offender registry. For those convicted of a Class C felony, they can be removed after 10 years if they have not committed any disqualifying offenses or crimes. The process for those with a Class A conviction is more challenging, and requires petitioning the Superior Court in their county.
Attorney Tim Milios can review your conviction and determine if it’s possible for you to be removed from the sex offender registry. We can then prepare you for that process and guide you through it.
Discuss Your Situation with Our Defense Law Firm in Seattle, WA
Domestic sexual assault allegations can change your entire life. You cannot afford to be passive or reactive when facing potential felony conviction. Tim Milios has served King County since 1993. Milios Defense is here to focus on facts and contest accusations that don’t align with the evidence and Washington state law. To schedule a free consultation with an experienced Seattle domestic sexual assault attorney, contact our King County defense law firm. You can also reach our defense lawyer by phone at (206) 693-4635.