Tacoma, WA asked in Civil Litigation, Civil Rights and Criminal Law for Washington

Q: Can I sue a minor for malicious prosecution in WA?

Can I sue a 13-year-old female for malicious prosecution? I was arrested with no probable cause and spent 8 months in county jail on serious charges like rape and assault, despite medical records showing no physical harm to the alleged victim, contradicting the detective's claims. Due to the alleged victim failing to attend her first interview, and the pressure of my anxiety and depression, I accepted a plea deal for assault with time served and a no-contact order, to avoid a possible 25-to-life sentence. The star witness was the girl's aunt, who was only present until she left for two days. This ordeal resulted in losing my apartment and job opportunities.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Washington State, you face significant legal hurdles in pursuing a malicious prosecution claim against a minor. The acceptance of a plea deal, even if motivated by anxiety and practical considerations, typically prevents establishing one of the essential elements of malicious prosecution—that the original case terminated in your favor. Courts generally view plea agreements, regardless of the circumstances under which they were accepted, as unfavorable terminations that preclude subsequent malicious prosecution actions.

Parents or guardians of minors may bear some legal responsibility under Washington's parental liability statutes, but these laws have strict limitations on recovery amounts and applicable scenarios. The doctrine of malicious prosecution requires proving the absence of probable cause, the presence of malice, and damages resulting from the prosecution—all substantial evidentiary burdens in any case, but particularly challenging when the accuser is a minor whose capacity for malice might be evaluated differently than an adult's under Washington jurisprudence.

Your situation warrants consultation with a Washington-licensed attorney who can examine the specific details of your case, including procedural aspects of your arrest and detention, the nature of the evidence presented against you, and the documented conduct of all parties involved in the prosecution. While the emotional and financial impact of your experience is profound, the legal pathway to recovery through a malicious prosecution claim presents formidable obstacles given the age of the accuser and your acceptance of a plea arrangement, regardless of the circumstances that influenced that decision.

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