They concluded that under existing Washington law, athletes can be considered to have impliedly consented to foreseeable physical contact that occurs during competition.
Pierce County prosecutors have declined to file criminal charges against a biological male athlete accused of sexually assaulting Rogers High School wrestler Kallie Keeler during a girls' wrestling match, concluding that Washington law's "consent" standard for athletic contests would likely prevent a conviction.
In a memo to investigators obtained by KOMO News, a deputy prosecuting attorney wrote that the office could not prove a rape charge beyond a reasonable doubt because of Washington case law involving consent in athletic competitions. "The biggest barrier to charging this case is the case law concerning consent in athletic contests," the prosecutor wrote.
Keeler, a sophomore, alleged that during a Dec. 6, 2025, match at Emerald Ridge High School, her opponent digitally penetrated her through her wrestling attire. Video of the match shows Keeler visibly distressed and attempting to communicate what was happening to her mother, who was recording from the side of the mat. According to Keeler and her family, she did not know before the match that her opponent was a biological male.
Prosecutors acknowledged in the memo that they had "no doubt" Keeler did not want penetration to occur. However, they concluded that under existing Washington law, athletes can be considered to have impliedly consented to foreseeable physical contact that occurs during competition. The prosecutor cited State v. Shelley, a 1997 Washington appeals court ruling involving a basketball player who was punched during a game and suffered a broken jaw. In that case, the court found that consent can be a defense when contact occurs as part of an athletic contest. As a result, prosecutors claimed they could not overcome a defense argument that the alleged contact was a foreseeable byproduct of the sport. "We can't prove Rape 3 at trial," the prosecutor wrote. "Even if we could prove penetration beyond a reasonable doubt ... we cannot overcome a consent defense."
https://twitter.com/KristenWaggoner/status/2064883699427020925?s=20
Keeler's supporters argue she consented to wrestle in a girls' tournament, not to be matched against a biological male without notice. They contend Washington's policies denied her and her parents the ability to make an informed decision before stepping onto the mat.
https://twitter.com/JenniferSey/status/2065557575500693863?s=20
The prosecutor emphasized that the decision not to charge was unrelated to the accused athlete identifying as transgender and said declining charges should not be read as approval of what allegedly occurred. "This does not mean that I approve of this conduct, or that I have no sympathy for the victim," the prosecutor wrote. "It is apparent this had a profound impact on the victim."
https://twitter.com/Riley_Gaines_/status/2065035094784426365?s=20
Keeler and her mother have filed a federal lawsuit against the Washington Interscholastic Activities Association, the Office of Superintendent of Public Instruction, Superintendent Chris Reykdal, the Puyallup School District, and other officials. The lawsuit alleges Keeler was unknowingly placed in a match against a biological male, sexually assaulted, and then ignored by school officials who allegedly waited 53 days to report the incident to law enforcement.
The lawsuit argues that state policies effectively strip female athletes and parents of consent by prohibiting schools from notifying them when girls are matched against biological males in female athletic competitions.
The case has also drawn federal scrutiny. Earlier this year, the US Department of Education launched a Title IX investigation into the Puyallup School District over allegations involving biological males competing in girls’ sports, locker room access, and the district's response to sexual assault allegations.
https://twitter.com/usedgov/status/2022346037357380042?s=20
The biological male wrestler accused in the case later voluntarily withdrew from the Washington state girls' wrestling championships after the allegations became public. His spot was subsequently awarded to a female athlete.
The case comes as Washington voters prepare to weigh in on Initiative IL26-638, which would prohibit biological male students from competing in girls' and women's scholastic sports. If approved by voters in November, the initiative would require schools and athletic associations to limit female sports categories to biological girls and women.
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