If you are accused of rape or another type of sex crime in Missouri, you may be wondering what the difference is between rape and sexual assault charges. The truth is that while people often use the term “sexual assault” informally to describe a variety of sexual crimes, there is no specific offense called “sexual assault” under Missouri law.
Instead, Missouri law defines several different sex crimes, each with its own legal definition and possible penalties.
Sex Crimes Under Missouri Law
In Missouri, sex crimes are primarily defined in Chapter 566 of the Missouri Revised Statutes. These crimes include:
- Rape (RSMo 566.030 & 566.031)
- Sodomy (RSMo 566.060 & 566.061)
- Sexual Abuse (RSMo 566.100 & 566.101)
- Child Abuse (RSMo 566.067, 566.068, 566.069 and 566.071)
- Sexual Misconduct (RSMo 566.083, 566.093, 566.095)
Although 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 crime of rape when he or she has sexual intercourse with another person who is incapacitated, incapable of consenting, incapable of consenting, or when he or she uses forcible coercion. Sexual intercourse refers to any penetration, no matter how slight, of the male sexual organ into the female genitals, regardless of whether there is an emission or not.
Sodomy, on the other hand, is deviant sexual intercourse that includes any act that involves one person’s genitals and another person’s hand, mouth, tongue or anus.
Both rape and sodomy crimes are classified by degree, depending on factors such as the use of force and the defendant’s criminal history.
- First degree rape (RSMo 566.030) and First degree sodomy (RSMo 566.060) occur when a person has sexual intercourse or deviate sexual intercourse with another person who is incapacitated, incompetent or unable to consent, or when forcible coercion is used. These are unclassified crimes.
- Second degree rape (RSMo 566.031) and Sodomy in the second degree (RSMo 566.061) occur when a person has or deviates from sexual intercourse with another person knowing they are doing so without that person’s consent. These are Class D felonies.
Statutory rape and sodomy
Missouri law also provides for statutory rape and sodomy charges that apply when the alleged victim is under the age of majority (17 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 sexual contact with another person without their consent. Sexual contact means any touching of another person’s genitals, anus or breasts, whether directly or through clothing, with the aim of arousing or satisfying another person’s sexual desire.
- Sexual abuse in the first degree (RSMo 566.100) is a Class C felony punishable by up to 7 years in prison.
- Second degree sexual abuse (RSMo 566.101) is a Class A misdemeanor and is punishable by up to one year in prison.
Penalties for convictions of sexual offenses
The penalties for a sex offense conviction in Missouri are severe and can have lifelong consequences. The specific penalties depend on the type of crime and the defendant’s criminal history.
- First degree rape And First degree sodomy These are unclassified felonies punishable by 5 to 30 years or life in prison. The crimes cannot be sentenced to probation.
- Second degree rape And Sodomy in the second degree These are Class D felonies, punishable by up to seven 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 contains information about convicted sex offenders such as name, photo and address.
Being on this register can make it difficult to find work and housing and maintain personal relationships.
Defending against sex crime charges
If you are accused of a sex crime, it is important 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.
Possible defenses we may raise include:
- Approval: If the alleged victim consented to the sexual activity and had the legal capacity to do so, there is no crime.
- Age error: When the criminality of the conduct depends on a minor being under 17 years of age but not under 14 years of age, it is an affirmative defense that the defendant reasonably believed that the child was 17 years of age or older.
- False Identity: In some cases, the defendant may argue that he or she was misidentified as the perpetrator of the crime.
- False claims: Unfortunately, false accusations of sexual crimes continue to occur. An experienced attorney can investigate the accuser’s background and motives to uncover any inconsistencies or ulterior motives.
- Lack of evidence: The prosecution must prove its 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 a 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. If you fail to do so, you must be found not guilty.
At Rose Legal Services, we have a proven track record of successfully defending our clients against sex crime charges. We understand that these allegations can be devastating both personally and professionally. That’s why we are committed to protecting our clients’ rights and achieving the best possible result in every case.
How our criminal defense lawyers can help you
If you are accused of a serious crime such as rape or sodomy, having an experienced attorney on your side can make all the difference.
At Rose Legal Services, our criminal defense attorneys will:
- Protect your constitutional rights: We ensure your rights are protected throughout the legal process, from arrest to trial.
- Investigate the allegations: We will conduct a thorough and independent investigation into the allegations against you and look for evidence that can support your defense.
- Negotiate with prosecutors: In some cases, we may be able to negotiate with prosecutors to reduce or dismiss charges or obtain a more lenient sentence.
- Your lawyer in court: If your case goes to trial, we will present a strong, convincing defense and work to create a reasonable doubt in the minds of the jury.
- Provide support and guidance: We understand that facing criminal charges can be overwhelming. We are available to answer your questions, explain your options and provide you with the support you need during this difficult time.
Don’t be alone when faced with sex crime charges
If you or a loved one is accused of a sex crime in Missouri, you should not wait to seek legal help. The sooner you contact an experienced criminal defense attorney, the greater your chances of a positive outcome.
At Rose Legal Services, we offer confidential consultations to individuals accused of sex crimes. During your consultation, we will listen to your story, explain your rights and options, and discuss how we can help you.
Don’t let an accusation of a sex crime ruin your life. Contact Rose Legal Services today to schedule your free consultation and take the first step toward protecting your freedom and your future.
