Judge denies dismissal of Sequim man’s rape charge

Published 1:30 am Wednesday, March 25, 2026

A trial for a Sequim man accused of raping a Jefferson County woman and sharing explicit photos of her is now set to begin in September.

Judge Simon Barnhart denied a motion on March 3 to dismiss charges against Christian J. Whitaker, 28, who previously pleaded not guilty to charges of rape in the second degree, voyeurism in the first degree, and disclosing intimate images.

Last Friday, Barnhart set Whitaker’s four-day trial to begin on Sept. 14 in Clallam County Superior Court. A status hearing is scheduled for 9 a.m. August 21.

According to the Jefferson County Sheriff’s Office’s probable cause statement, a woman reportedly in a relationship with Whitaker, then a Sequim police officer, told a Jefferson County Sheriff’s Office deputy on July 16, 2025 that on July 1, 2024 she was drugged and sexually assaulted in Whitaker’s residence in Sequim in unincorporated Clallam County.

Whitaker was booked and released on Sept. 5, 2025 from Clallam County jail with no bond set.

His defense attorney Karen Unger filed a motion in January to dismiss the case for alleged discovery mismanagement, governmental misconduct, and preaccusatorial delay (the length of time between the alleged offense(s) and formal filing of charges).

Barnhart allowed Chris Ashcraft, special deputy prosecuting attorney from Jefferson County, and Unger to respond to each other’s arguments for and against dismissal through mid-February prior to a Feb. 24 hearing.

Barnhart wrote in his decision to deny the dismissal that “absent a showing of actual prejudice, (Whitaker) is not entitled to dismissal of this case for discovery mismanagement or prosecutorial misconduct. Here, (he) has not shown actual prejudice to him resulting from the manner in which the state has conducted its investigation and prosecution of him.”

In his decision, Barnhart wrote that Whitaker/Unger had identified late-produced material that they believe has significant bearing on the credibility of the complaining witness and on the integrity of the investigation into her allegations against Whitaker. The defense also claims there was material in discovery not yet produced.

However, Barnhart wrote that the defense hadn’t identified actual prejudice to Whitaker from the pace of discovery in the case, and that a deadline had expired to show prejudice to warrant the case’s dismissal.

As for preaccusatorial delay, Barnhart wrote that Whitaker/Unger argued that a faster review of the allegations would have resulted in a resolution that would have permitted him to retain his position as a law enforcement officer, but “nothing in the record supports this conclusion” and that a faster charging decision would have resulted in an earlier end to his employment.

Whitaker worked for the Sequim Police Department from June 16, 2022-Aug. 27,2025 when he resigned. He was put on administrative leave in July 2024 and his police power revoked.

Jefferson County Sheriff’s Office led the investigation to avoid conflict of interest in Clallam County if anyone worked with Whitaker in the past.

According to court documents, the unidentified woman told a deputy she went to Whitaker’s house around 7:40 p.m. on July 1, 2024, drank two shots of vodka before blacking out, and awoke the next morning to signs of a possible sexual encounter.

She told the deputy she couldn’t move correctly, was worried about getting home to her children, and that she remembered looking at the wall clock at 8:49 p.m. on July 1 and waking up at 6:52 a.m. July 2.

The woman told law enforcement she went back home and was violently sick, saw flashing lights, and had muscle spasms and cramps. She told a deputy she struggled to use her phone but eventually called a friend who convinced her to call 911 that afternoon and she was transported to the hospital, according to court documents.

The hospital tested her urine but told her they had limited ability to test for date rape drugs, according to court documents.

In his interview with a deputy, Whitaker said the woman drank three to four shots and they engaged in sexual activity, and that he sent a video of the woman performing a sex act to his friend without her knowledge.

According to court documents, Whitaker also sent two photos to his friend of her allegedly unconscious including one of her laying in vomit.

Whitaker told a deputy he went into “caretaker mode” and had previous medical experience and knew he needed to be sure she did not aspirate.

Barnhart previously signed off on a no contact order between Whitaker and the woman on Sept. 5.