Full text of Washington Revised Code of Washington § 7.113.020 — Civil cause of action., with citation guidance and answers to common questions.
§ 7.113.020. Civil cause of action.
(1) A person who engaged in sexual contact or sexual penetration with another person may bring a civil action against that other person if prior to sexual contact or sexual penetration both persons understood and agreed that a sexually protective device would be used, and the other person:
(a) Engaged or continued to engage in sexual contact or sexual penetration after the other person:
(i) Removed the sexually protective device without consent of the person bringing the action; or
(ii) Knew or became aware that the sexually protective device had been unintentionally removed, but did not obtain consent from the person bringing the action to engage or continue engaging in sexual contact or sexual penetration without the use of a sexually protective device;
(b) Engaged or continued engaging in sexual contact or sexual penetration after tampering with the sexually protective device without the consent of the person bringing the action and in a manner likely to render the device ineffective for its common purpose;
(c) Without consent of the person bringing the action used a sexually protective device that the other person knew had been tampered with in a manner likely to render the device ineffective for its common purpose; or
(d) Misled the person bringing the action into believing that a sexually protective device was used by the other person and the other person knew that the device was not used, had been tampered with, or was otherwise inoperable.
(2) Evidence that the person bringing the action consented to previous sexual contact or sexual penetration without a sexually protective device or to removing or tampering with a sexually protective device during previous sexual contact or sexual penetration does not by itself establish consent to any subsequent sexual contact or sexual penetration without a sexually protective device or to removing or tampering with a sexually protective device in any subsequent sexual contact or sexual penetration.
Frequently Asked Questions About Washington § 7.113.020
What does Revised Code of Washington § 7.113.020 cover?
Section 7.113.020 ("Civil cause of action.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Washington § 7.113.020?
A common citation format is "Revised Code of Washington § 7.113.020" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Washington law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.
How does Washington § 7.113.020 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.
