Bar Bulletin

Bar Bulletin

Court Limits Reach of Sexual Assault Statute

May 2019 Bar Bulletin

By Dean Williams

The Sexual Assault Protection Order (SAPO) Act, RCW chapter 7.90, has not become the remedy for victims of sexual assault that its proponents hoped, given the Washington Supreme Court’s ruling in Roake v. Delman, decided in January 2018.1

The issue in Roake was whether the Act encompasses a claim that experiencing a sexual assault is itself a reasonable basis for ongoing fear. The Court’s plurality opinion concluded that it does not, with a two-vote concurrence, a three-vote dissent, and a separate concurring dissent, bringing the total vote for the proposition above to 6–3 against.2

Justice Charles W. Johnson’s lead opinion held that the...

CURRENT MEMBER?

SIGN IN TO VIEW THE REST OF THIS ARTICLE

NOT A MEMBER?

King County Bar
Association

1200 5th Ave, Suite 700
Seattle, WA 98101

Main (206) 267-7100

 Contact Us

Links

KCBF Logo

YLD Logo