In Missouri, the most difficult rape that a person can be used is raped to the first degree according to section 566.030 of the revised statutes of Missouri.
If you or a beloved person arrested for the first degree for rape or were charged with rape, it is important to understand the law, potential punishments and their rights. At Rose Legal Services we experience the defense of customers who are accused of rape and other sexual crimes in Missouri.
In this article we give an overview of the crime of rape in the first degree in accordance with section 566.030 to help you understand the upcoming road. If you are exposed to rape costs, we will ask you to contact us for confidential advice to discuss your case.
Legal definition of rape to the first degree
Section 566.030 stipulates that a person in the first degree commits the rape penalty if they have sexual intercourse with another person who:
- Is unable to work
- Is unable to consent to
- Missing the ability to consent, or
- By using violence.
“Possibility” includes the use of a substance that is administered without knowledge or consent of the victim, which they are physically or mentally impaired and are unable to affect sex.
Note that Both men and women can be charged to the first degree for rape in Missouri. The law is gender -neutral.
Rape in the first degree is an extremely serious crime
Rape to the first degree is one of the toughest punished crimes in the state and bears serious prison terms:
- The basic prison sentence for rape is first degree live in prison for at least 5 years. This increases to A at least 15 years When it is classified as a “stricter sexual crime”.
- When the victim is less than 12 years oldThe punishment is Life in prison without probationUnless the accused is over 75 years old and served at least 15 years.
- If the victim is less than 12 and the rape “torture or corruption of the mind” included, the sentence is Life without probation.
In addition to the considerable prison period, a conviction for rape to the first degree also leads to:
- To do Register as a sex offender
- A Permanent criminal record As a convicted criminal
- Lifelong restrictions Where you can live and work
- Loss of professional licenses and educational opportunities
- Inability to Own firearms As a convicted criminal
In addition, in contrast to some other crimes Probation is not an option For rape to the first degree. If you are convicted, you will be sentenced to prison at a time. There are also No way to delete the conviction (Removed) from your data record later.
As you can see, the missions could not be higher in a rape case. For this reason, it is absolutely important to hire an experienced lawyer for sex crimes to protect your rights and build up the best possible defense.
Defense against rape in first degree fees
If you are charged with rape to the first degree, you are not automatically convicted. There may be defense that your lawyer can increase to completely reduce the fees or be completely dismissed.
Some frequent defense against rape are:
- approval: Argues that the alleged victim of sexual activity agreed and was not incapable of unable to agree or forced.
- False identity: Shows that they were wrongly accused and were not really involved in the alleged rape.
- Lack of evidence: Provide that the prosecutor does not have sufficient evidence to demonstrate the indictment without any doubt.
- False accusations: Uncover how the alleged victim has a story of false allegations, a motive for lying or an inconsistent story.
- Violation of rights: Shows how their constitutional rights were violated during the examination or arrest, with certain evidence to be excluded.
The specific defense strategy that works in your case depends heavily on the unique facts and circumstances. For this reason, it is important to thoroughly review a lawyer and carry out an independent examination in order to identify all possible immune system.
Why you need an experienced lawyer for rape defenders
Rape costs are an overwhelming experience. The terminology is confusing, the punishments are scary and the entire process can feel like a nightmare. The The most important thing you can do is to hire an experienced lawyer To guide them through the process and to work for them.
Do not make the mistake to think that you can do this alone or that the truth will free you. Rape cases are often on competing claims of “He said, she said” and the prosecutors are aggressive.
You need an equally committed defender in your corner that things like:
- Independently examine your case to uncover evidence of your innocence
- Determination whether their constitutional rights were violated
- Commitment of experts to challenge forensic evidence
- Negotiation with the prosecutor about dismissal or reducing the indictment points
- Keep you up to date in every phase of the process
- To be completely ready to defend them in court if necessary
At Rose Legal Services, we are proud to offer every customer that we represent personalized service and advocacy. Our cotton -tested team of defense lawyers, led by founding lawyer W. Scott Rose, knows how to dismantle the case of the public prosecutor and pursue justice.
We understand the sensitive nature of rape allegations and the immense stress under which they are. You can rely on the fact that we cope with your case with the greatest discretion and stand up to stubborn to protect your freedom and future.
Get help from a lawyer for rape defenders in St. Louis today
If you or someone you love was accused of rape in the first degree, it is now time to act. The earlier you involve an experienced lawyer, the better your chances of affecting the indictment and avoiding a conviction.
At Rose Legal Services we offer free and confidential consultations to discuss and explain your case how we can help. Call us today or contact us online to get started. Let us use our proven experience for you.
