This is the law in our state.

RCW 9A.44.093

"(1) A person is guilty of sexual misconduct with a minor in the first degree when the person has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty months older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim."

The Age of Consent in Washington is not 18. It is 16. The statute (shown above) that you are making reference to makes it a crime for a person 60-months or older than the younger person to have sexual intercoarse with the younger person if ALL of the following conditions exist:

1-The older person is in a "significent" relationship with the younger person, AND the older person is in a supervisory relationship within that relationship, AND uses that supervisory position in order to have sexual intercourse with the younger person.

This statute refers to relationships between persons who become sexually involved 16 or 17-years-olds, and who are in a position of authority over the younger person and use this authority to gain a sexual advantage. Such a situation might exist between a 16 or 17-year-old student and a teacher or coach who is at least 60 months older.

What is the point of posting the legal citation?

Have you or your wife notified the parents of the 16 year old child?

Applicability of the legal citation is a matter for the courts - not you nor this forum.

Gt a grip, man. You admit your wife had sex with a 16 year old child. Even if there was no law, don't you think the child's parents ought to know?

WAT

Another thought, NW.

If your motivation to post the citation was to make an argument that your wife did not commit a crime because the "position of authority" test was not met, then you have nothing legal to fear by informing the parents.

Do the right thing, man. This is also a way to make sure your wife gets the help she needs as well as the help the child needs.

WAT

the parents already know But no one told me about this.

We are both in MC and have been for 2 months she also is in IC but I think I need some of this also. She is on anti depresants and has been to a psychiatrist(prescribed by her Dr. because she told me she was suicidal). I feel that I have been doing the right thing and I want to continue to do the right thing. I know my W needs help that is what I am trying to do I just need help in being more effective.

And how do you know this now?

What did the parents do?

Have you spoken to them about it?

WAT

Yes I talked to them. Well the mother I talked to and she wants to leave it alone. He will be 18 in a couple of months.

Update on the other end of it I have filed for D and she has not lived at home for a week now.

She has agreed to all the conditions of the D that my atty has setup she has no atty. She is so eager to get the D that she does not want to take anything or the children(thank god). It takes 90 days after signing the paper work for the D to be final.