Rape and Sexual Assault Defense Lawyer St. Louis, Missouri. Being accused of rape or sexual assault in St. Louis is not something anyone wants to go through. Your reputation, freedom and future are on the line. While the public and acquaintances may rush to judgment when someone’s charged with a sex crime, Combs Law Group is nonjudgmental and will listen to what you have to say. We know there is more than one side to every story. Call us today at (314) 900-HELP to speak with an attorney or contact us online and schedule a free, confidential, no-obligation case review.
Rape Laws in St. Louis and Missouri
There are four types of rape under Missouri law:
Rape in the First Degree
Under Missouri Revised Statute §566.030, a person can be charged with first-degree rape if they have “sexual intercourse,” defined in Missouri Revised Statute §567.010 as “any penetration, however slight, of the female genitalia by the penis,” with someone who:
- Is incapacitated
- Is incapable of consent
- Lacks the capacity to consent
- Was forcibly compulsed through violence or threats
- Was drugged without their knowledge or consent
The punishment for first-degree rape is five years to life imprisonment. However:
- If the offense is an aggravated sexual offense, meaning the alleged victim was seriously harmed, a dangerous weapon or object was used to threaten them, there is more than one alleged offender or the alleged offender was a family member, the sentence is 15 years to life.
- If the alleged offender is a persistent or predatory sexual offender, the sentence is life in prison without parole.
- If the alleged victim was less than 12 years old, the sentence is life in prison, with the possibility of parole after 30 years, or the possibility of parole after 15 years if the alleged offender is at least 75 years old.
- If the alleged victim was less than 12 years old and the crime was “outrageously or wantonly vile, horrible or inhumane,” and involved torture or other aggravating factors, the sentence is life in prison without the possibility of parole.
People convicted of committing or attempting first-degree rape are eligible for a suspended sentence.
Rape in the Second Degree
Under Missouri Revised Statute §566.031, a person commits second-degree rape when they have sexual intercourse with someone knowing that they do not have that person’s consent. It is a class D felony, which carries with it up to 7 years in prison and/or a fine of up to $10,000.
Rape in the second degree can be complicated because the law itself is vague. While it does not require forcible compulsion or an alleged victim being unable to consent, the alleged victim’s silence can be seen as either consent or not consent depending on the judge, jury and how your defense lawyer argues in court.
Sodomy Laws in Missouri
Missouri also has laws against sodomy in the first degree and sodomy in the second degree, the definitions of which and sentencing for are largely similar. Sodomy is defined as “deviant sexual intercourse,” or any act involving the genitals and a hand, finger, mouth, tongue or anus of another person or an object.
Apart from the definition of the act, the only difference between Missouri rape laws and sodomy laws is that if someone is convicted of an aggravated sexual offense while committing sodomy, the minimum sentence is 10 years and not 15.
Consent Laws in Missouri
Rape and sexual assault charges center around the idea of consent, whether it was given and whether the alleged victim was capable of giving it at the time of the alleged offense. Unfortunately, the state of Missouri does not have its own legal definition of consent, which can cause uncertainty in the courtroom. One legal definition of consent is:
When a person voluntarily and willfully agrees to undertake an action that another person suggests. The consenting person must possess sufficient mental capacity.
In rape and sexual assault cases, the action agreed to is a sexual act. Missouri House Bill 215, signed into law in 2013 offers clarification on when someone is not able to consent:
- When they are too young (the Missouri age of consent is 17)
- They have a mental disease or defect which doesn’t allow them to understand the acts
- They are intoxicated by drugs or alcohol in such a state that they can not make reasonable judgments
- If they are passed out from drinking, being drugged or are otherwise unconscious
As lack of consent is central to a rape conviction, our St. Louis rape defense lawyers will make a full investigation into the charges and see if we can use the presence of consent as an affirmative defense.
How Combs Law Can Defend You Against Rape Charges in St. Louis, MO
No matter the nature of the charges brought against you, you deserve to have a top-level defense team and to have your day in court. While the opinions of the public, your coworkers or even family and friends can change because of an allegation, in a court of law you still have the presumption of innocence. In order to clear your name or get the best possible results in your case, our St. Louis, MO rape defense lawyers will:
- Investigate whether any evidence against you was legally obtained
- Evaluate the reliability of eyewitnesses
- Look for inconsistencies in the accuser’s story and examine their motivations
- Work with prosecutors and/or the judge to have your charges dismissed or reduced
- Persuade a jury that the state did not prove the charges beyond a reasonable doubt
Unfortunately, it’s a fact that the “best results” in a case may not be a “not guilty” verdict or having your charges dismissed. It may be that you made a mistake and the evidence is stacked against you, and the best way forward is to work out a plea deal with the prosecution. Whatever the circumstances of the alleged offense and your level of guilt or innocence, or St. Louis rape defense lawyers will provide you with legal counsel that we believe is in your best interest.
Call Combs Law’s St. Louis, MO Rape Defense Lawyers For Dedicated Representation
If you’re facing rape or sexual assault charges in Missouri, you need an experienced, knowledgeable and nonjudgmental sex crimes lawyer in St. Louis to defend your rights in court. Combs Law helps people in bad situations, no matter how they got there. Call us today at (314) 900-HELP to speak with an attorney or contact us online and schedule a free, confidential, no-obligation case review.