Rape and Sexual Assault Charges

Rape and Sexual Assault Defense Lawyer

Rape and sexual assault are serious charges in Missouri. If you are facing charges of rape or any other sexual offense per the Missouri Revised Statutes, you need an attorney immediately. The Law Offices of Jason A. Korner specialize in handling sex offense charges, whether these are state or Federal.

All rapes are sexual assault, but not all sexual assaults are rape. In this article, we will consider the differences and similarities along with possible sentencing penalties and defenses to these charges.

What Constitutes a Rape and/or Sexual Assault Charge?

In Missouri, a sexual assault is any sexual action which is unwanted on the part of one party. A rape occurs when someone has sexual intercourse with someone else against their will. Rape could be vaginal sexual intercourse or deviate sexual intercourse.

In addition, under MO Revised Statute § 566.010, the penetration of the vagina may only be slight and will constitute‘rape’ regardless of whether semen is emitted or not. In other words, “I didn’t come” or “It was just the tip” are not defenses to rape in Missouri.

The statute adds that deviate sexual intercourse involves the same outcome as intercourse, but rather than vaginal, the hand, tongue, mouth, or anus is used. The goal is the same: either the sexual gratification or the terrorizing of one person against the consent of the other person.

By way of contrast, Sexual Assault may include but is not limited to…

Touching another person on the genitals
smacking someone’s butt
flashing or otherwise intentionally exposing genitals to another person, or
even having sexual contact in the presence of a third party.

Note that in each of these instances, there is a level of non-consent. In the case of the first three, there is a second-party involved who did not consent to the sexual activity. In the last case, there is a third-party who unwillingly witnessed the sexual activity. If the third-party feels offended, the person can bring sexual assault charges against the other two.

What are the Penalties if Convicted of Rape and/or Sexual Assault Charges?

As you may have guessed from the above, Missouri has tough sex offense laws. So tough in fact that in some cases, those convicted of sex crimes face stiffer sentences than someone convicted of murder. Sex is not a game in Missouri unless it occurs with consenting adults behind closed doors—even then charges can arise.

If you are charged with rape in Missouri, you could be facing up to life in prison, depending on a few factors.

The factors which play into rape charges and sentencing in Missouri include…

What anatomy was involved?
Did penetration, even slight occur?
Were weapons/objects/violence involved?
What was the age of the victim?

Depending on the specifics, a rape conviction will result in a minimum five years to a maximum life imprisonment. A sexual assault conviction could range from 15 days in jail + $300 fine to life in prison, again depending on the specifics of the case. Thus, if you are facing criminal charges for sex offenses in Missouri, you need an attorney who understands how to fight them.

You need Jason Korner in YOUR corner.

What Are Defenses to Rape and Sexual Assault Charges?

As you may have guessed, the defense strategy is going to be dependent on a number of factors including…

The exact charges
How many differing charges may be brought against you?
What evidence does the prosecutor have?
Ages of all involved
What were the circumstances?
Was a weapon involved?
Was a ‘sex toy’ involved? (As with a weapon, objects used could increase the level of the charges.)
Did the victim sustain a serious physical injury?

So some possible defenses to rape and/or sexual assault charges include, but are not limited to…

Mistake– Was a mistake made in the identification? Did the defendant make an honest mistake that resulted in charges? Could that mistake result in reduced or dropped charges?
Intent – In the case of sexual assault, there must be intentional touching. If it can be proven that the touching was inadvertent or unintended, then the charges may be dropped. An example wherein this may occur would be riding on crowded public transit. If the video footage from the transit authority shows that you did not ‘grope’ the victim as claimed, then the case should be dropped.
Marriage – Was this a case of marital rape? Was it a case of an angered spouse? If the alleged victim is under 17 but over 15, were the two married? (The age at which a person may wed in Missouri is 15 with the consent of one parent or legal guardian.)
Defendants age – Missouri allows for exceptions to the ages at which statutory rape charges may be brought if both parties are minors.
Consent – Anyone under the age of 13 cannot legally consent to sex under any circumstances. Otherwise, this may play a role in the defense strategy.
False Allegations – Innocent until proven guilty is not just a nice slogan, it is a very real concept. If you are entirely innocent of these charges, you need an attorney with the experience to prove that you are in fact innocent.
Insanity –
If any form of legal insanity played a role, whether temporary or otherwise, your attorney will use this in your defense.
Other – Because the laws related to rape and/or sexual assault in Missouri are so complex, there may be other ways to secure either an exoneration or a reduction in charges.

Call Criminal Defense Attorney Jason Korner

Regardless of the charges, rape, sexual assault, or other, you need an attorney with the expertise necessary to get you the best possible outcome for your situation.

Jason A. Korner has worked on both sides of the legal fence. Starting his career with the prosecutor’s office he moved into criminal defense and has been honored with state-wide speaking engagements because of his record. Jason A. Korner specializes in sexual offenses and knows how to navigate the difficult waters that surround such charges. Call 314-409-2659 or click here to fill out an information form to schedule your free consultation.

Other Sources of Information

http://www.moga.mo.gov/mostatutes/chapters/chapText566.html
http://www.moga.mo.gov/mostatutes/ChaptersIndex/chaptIndex566.html
http://www.moga.mo.gov/mostatutes/stathtml/56600000301.html
http://www.moga.mo.gov/mostatutes/stathtml/55600000371.html
http://www.moga.mo.gov/mostatutes/stathtml/55600000361.html

See also Missouri Revised Statutes §§ 558.011, 560.011, 560.016, 566.032, 566.034, 566.062, 566.064, 566.067, 566.068, 566.086