If you’ve been accused of rape or another type of sex crime in Missouri, you may be wondering about the difference between rape and sexual assault charges. The truth is, while people often use the term “sexual assault” informally to describe a range of sex crimes, there is no specific offense called “sexual assault” under Missouri law.
Instead, Missouri statutes define several distinct sex crimes, each with its own legal definition and potential penalties.
Sex Crimes Under Missouri Law
In Missouri, sex crimes are primarily defined in Chapter 566 of the Missouri Revised Statutes. These offenses include:
- Rape (RSMo 566.030 & 566.031)
- Sodomy (RSMo 566.060 & 566.061)
- Sexual Abuse (RSMo 566.100 & 566.101)
- Child Molestation (RSMo 566.067, 566.068, 566.069 & 566.071)
- Sexual Misconduct (RSMo 566.083, 566.093, 566.095)
While there is no specific crime called “sexual assault” in Missouri, this term is often used informally to describe various non-consensual sexual acts.
Rape and Sodomy
Under Missouri law, a person commits the offense of rape if they have sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Sexual intercourse is defined as any penetration, however slight, of the female genitalia by the male sex organ, whether or not an emission results.
Sodomy, on the other hand, involves deviate sexual intercourse, which includes any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person.
Both rape and sodomy offenses are classified by degree, depending on factors such as the use of force and the defendant’s prior criminal history.
- Rape in the first degree (RSMo 566.030) and Sodomy in the first degree (RSMo 566.060) occur when a person has sexual intercourse or deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. These are unclassified felony offenses.
- Rape in the second degree (RSMo 566.031) and Sodomy in the second degree (RSMo 566.061) occur when a person has sexual intercourse or deviate sexual intercourse with another person knowing that they do so without that person’s consent. These are Class D felony offenses.
Statutory Rape and Sodomy
Missouri law also provides for statutory rape and statutory sodomy charges, which apply when the alleged victim is under the age of consent (17 years old in Missouri). The severity of these charges depends on the age difference between the victim and the perpetrator.
Sexual Abuse
Sexual abuse crimes in Missouri involve subjecting another person to sexual contact without their consent. Sexual contact is defined as any touching of another person’s genitals, anus, or breast, either directly or through clothing, for the purpose of arousing or gratifying the sexual desire of any person.
- Sexual abuse in the first degree (RSMo 566.100) is a class C felony, punishable by up to 7 years in prison.
- Sexual abuse in the second degree (RSMo 566.101) is a class A misdemeanor, carrying a potential sentence of up to 1 year in jail.
Penalties for Sex Crime Convictions
The penalties for a sex crime conviction in Missouri are severe and can have lifelong consequences. The specific penalties will depend on the nature of the offense and the defendant’s criminal history.
- Rape in the first degree and Sodomy in the first degree are unclassified felonies, punishable by 5 to 30 years or life imprisonment. The offenses are not eligible for probation.
- Rape in the second degree and Sodomy in the second degree are class D felonies, carrying a potential sentence of up to 7 years in prison.
In addition to prison time, a person convicted of a sex crime in Missouri may also be required to register as a sex offender. The Missouri Sex Offender Registry is a public database that includes information about convicted sex offenders, such as their name, photograph, and address.
Being on this registry can make it difficult to find employment and housing, and maintain personal relationships.
Defending Against Sex Crime Charges
If you’ve been accused of a sex crime, it’s crucial to understand that you have rights and defenses available to you. An experienced criminal defense attorney can evaluate the specific facts of your case and develop a strong defense strategy.
Potential defenses that we may raise include:
- Consent: If the alleged victim consented to the sexual activity and was legally competent to do so, then no crime was committed.
- Mistake of Age: If the criminality of the conduct depends upon a minor being less than 17 years of age but not less than 14 years of age, it is an affirmative defense that the defendant reasonably believed that the child was 17 years of age or older.
- Mistaken identity: In some cases, the defendant may argue that they have been wrongly identified as the perpetrator of the crime.
- False allegations: Unfortunately, false accusations of sex crimes do occur. An experienced attorney can investigate the accuser’s background and motives to expose any inconsistencies or ulterior motives.
- Lack of evidence: The prosecution must prove their case beyond a reasonable doubt. If there is insufficient physical evidence or witness testimony to support the allegations, the charges may be reduced or dismissed.
- Exercising your right to trial: Every defendant has the constitutional right to a fair trial by jury. At trial, we can challenge the prosecution’s evidence, cross-examine witnesses, and present our own evidence and witnesses to establish reasonable doubt. The burden of proof remains on the prosecution to prove guilt beyond a reasonable doubt, and if they fail to do so, you must be found not guilty.
At Rose Legal Services, we have a proven track record of successfully defending clients against sex crime charges. We understand that these allegations can be devastating, both personally and professionally. That’s why we work to protect our client’s rights and achieve the best possible outcome in every case.
How Our Criminal Defense Attorneys Can Help
When you’re facing a serious criminal charge like rape or sodomy, having an experienced attorney on your side can make all the difference.
At Rose Legal Services, our criminal defense lawyers will:
- Protect your constitutional rights: We’ll ensure that your rights are protected throughout the legal process, from arrest through trial.
- Investigate the allegations: We’ll conduct a thorough, independent investigation into the allegations against you, looking for any evidence that can support your defense.
- Negotiate with prosecutors: In some cases, we may be able to negotiate with prosecutors for a reduction or dismissal of charges, or for a more lenient sentence.
- Advocate for you in court: If your case goes to trial, we’ll present a strong, persuasive defense and work to create reasonable doubt in the minds of jurors.
- Provide support and guidance: We understand that facing a criminal charge can be overwhelming. We’ll be there to answer your questions, explain your options, and provide the support you need during this difficult time.
Don’t Face Sex Crime Charges Alone
If you or a loved one has been accused of a sex crime in Missouri, don’t wait to seek legal help. The sooner you involve an experienced criminal defense attorney, the better your chances of achieving a favorable outcome.
At Rose Legal Services, we offer confidential consultations to individuals facing sex crime allegations. During your consultation, we’ll listen to your story, explain your rights and options, and discuss how we can help.
Don’t let a sex crime accusation ruin your life. Contact Rose Legal Services today to schedule your free consultation and take the first step towards protecting your freedom and your future.
