Panel backs expansion of aggravating-circumstance sentencing enhancement for rape resulting in pregnancy

The committee heard House Bill 1484 Feb. 3, a proposal to expand an existing aggravating circumstance so that an exceptional sentence above the standard range may be imposed for sexual assaults that result in a pregnancy regardless of the victim's age.

Corey Patton, staff to the committee, explained that state law currently allows an exceptional sentence in certain aggravating circumstances and that the proposed change would apply the pregnancy aggravator to any victim of a covered sexual assault, not only minors. Representative Osman Saladin (48th District), the bill sponsor, said the intent is to treat the lifetime harms of pregnancy resulting from sexual assault consistently across ages.

Prosecutors and victim advocates testified in support and described cases highlighting the statutory gap. Laurel Smith, a senior deputy prosecutor from Clark County, described two cases: one in which a 12-year-old victim gave birth after repeated abuse by an uncle and another where a biological father impregnated his adult daughter; Smith asked, "Why does the law treat these two women differently?" and urged the committee to close the gap.

Raquel Rodriguez of the King County Sexual Assault Resource Center described the rarity of cases that reach sentencing and said pregnancy as a result of sexual assault compounds victims’ physical, legal and family issues, increasing the need for enhanced sentencing discretion.

The committee did not take action at the hearing. Sponsors said the bill is intended to give courts consistent discretion to account for the added harms of assault-related pregnancy regardless of the victim's age.

Ending: Testimony from prosecutors and victim advocates urged passage to close an identified legal gap; the committee left the bill for further consideration.