In Missouri, the most serious rape offense a person can be charged with is Rape in the First Degree under Section 566.030 of the Missouri Revised Statutes.
If you or a loved one has been arrested for or charged with Rape in the First Degree, it’s critical to understand the law, the potential penalties, and your rights. At Rose Legal Services, we experience defending clients accused of rape and other sex crimes in Missouri.
In this article, we provide an overview of the crime of Rape in the First Degree under Section 566.030 to help you understand the road ahead. If you are facing rape charges, we urge you to contact us for a confidential consultation to discuss your case.
Legal Definition of Rape in the First Degree
Section 566.030 provides that a person commits the offense of Rape in the First Degree if he or she has sexual intercourse with another person who:
- Is incapacitated,
- Is incapable of consent, or
- Lacks the capacity to consent, or
- By the use of forcible compulsion.
“Forcible compulsion” includes the use of a substance administered without the victim’s knowledge or consent that renders them physically or mentally impaired and incapable of making informed consent to sex.
Note that both men and women can be charged with Rape in the First Degree in Missouri. The law is gender-neutral.
Rape in the First Degree is an Extremely Serious Crime
Rape in the First Degree is one of the most harshly punished crimes in the state, carrying severe prison sentences:
- The basic prison term for Rape in the First Degree is a minimum of 5 years up to life in prison. This increases to a minimum of 15 years if it’s classified as an “aggravated sexual offense.”
- If the victim is less than 12 years old, the punishment is life in prison without parole, unless the defendant is over 75 and has served at least 15 years.
- If the victim is less than 12 and the rape involved “torture or depravity of mind,” the sentence is life without parole.
In addition to significant prison time, a conviction for Rape in the First Degree also results in:
- Having to register as a sex offender
- A permanent criminal record as a convicted felon
- Lifelong restrictions on where you can live and work
- Loss of professional licenses and educational opportunities
- Inability to own firearms as a convicted felon
Furthermore, unlike some other felony offenses, probation is not an option for Rape in the First Degree. If convicted, you will be sentenced to time in prison. There is also no possibility of getting the conviction expunged (removed) from your record later.
As you can see, the stakes in a rape case could not be higher. That’s why it’s absolutely essential to hire an experienced sex crimes defense attorney to protect your rights and build the strongest possible defense.
Defenses to Rape in the First Degree Charges
Being charged with Rape in the First Degree does not automatically mean you will be convicted. There may be defenses your attorney can raise to get the charges reduced or dismissed entirely.
Some common rape defenses include:
- Consent: Arguing that the alleged victim consented to the sexual activity and was not incapacitated, incapable of consent, or forced.
- Mistaken identity: Showing that you have been wrongfully accused and were not actually involved in the alleged rape.
- Lack of evidence: Demonstrating that the prosecutor does not have sufficient evidence to prove the charge beyond a reasonable doubt.
- False allegations: Exposing how the alleged victim has a history of false allegations, a motive to lie, or an inconsistent story.
- Violation of rights: Showing how your constitutional rights were violated during the investigation or arrest, requiring certain evidence to be excluded.
The specific defense strategy that may work in your case depends heavily on the unique facts and circumstances involved. That’s why it’s crucial to have an attorney thoroughly review the prosecutor’s evidence and conduct an independent investigation to identify all possible defenses.
Why You Need an Experienced Rape Defense Lawyer
Facing rape charges is an overwhelming experience. The terminology is confusing, the penalties are terrifying, and the whole process can feel like a nightmare. The single most important thing you can do is hire an experienced lawyer to guide you through the process and advocate for you.
Don’t make the mistake of thinking you can handle this on your own or that the truth will set you free. Rape cases often boil down to competing claims of “he said, she said”, and prosecutors aggressively pursue these charges.
You need an equally committed defense attorney in your corner doing things like:
- Independently investigating your case to uncover evidence of your innocence
- Determining whether your constitutional rights were violated
- Engaging expert witnesses to challenge forensic evidence
- Negotiating with the prosecutor for a dismissal or reduction in charges
- Keeping you informed at every stage of the process
- Being fully prepared to defend you at trial if necessary
At Rose Legal Services, we pride ourselves on providing personalized service and advocacy to every client we represent. Our battle-tested team of defense attorneys, led by founding lawyer W. Scott Rose, knows how to dismantle the prosecution’s case and pursue justice.
We understand the sensitive nature of rape allegations and the immense stress you are under. You can count on us to handle your case with the utmost discretion while advocating tenaciously to protect your freedom and future.
Get Help from a St. Louis Rape Defense Lawyer Today
If you or someone you love has been accused of Rape in the First Degree in Missouri, the time to act is now. The sooner you get an experienced attorney involved, the better your chances of beating the charges and avoiding a conviction.
At Rose Legal Services, we offer free and confidential consultations to discuss your case and explain how we can help. Call us today or contact us online to get started. Let us put our proven experience to work for you.
