What Is Deviate Sexual Assault in Missouri?
Sexual AssaultHave the police arrested you for deviate sexual assault? Understanding these serious charges can help you protect your rights and interests in the criminal justice system and pursue the best possible resolution to your criminal case.
Understanding Missouri’s Deviate Sexual Assault Statute
In Missouri, deviate sexual assault falls under the crime of sodomy. Under the first-degree sodomy statute, a person commits a crime when they have deviate sexual intercourse with an incapacitated person or a person incapable of giving valid consent or by the use of forcible compulsion. Forcible compulsion includes the administration of a substance to a person without their knowledge or consent that impairs their ability to give informed consent to deviate sexual intercourse.
A person commits second-degree sodomy if they knowingly engage in deviate sexual intercourse without the other person’s consent. The law defines deviate sexual intercourse as any sexual act involving one person’s genitals and the mouth, hand, tongue, or anus of another person or any act involving the penis, female genitalia, or anus by a finger or object to arouse or gratify any person’s sexual desire or to terrorize the victim.
Penalties for Deviate Sexual Assault in Missouri
A person convicted of first-degree sodomy will face a sentence of life imprisonment or a term of not less than five years unless:
- The offense constitutes an aggravated sexual offense, in which case a defendant may receive a sentence of life imprisonment or a term of not less than 10 years
- The defendant qualifies as a persistent or predatory sexual offender and faces an extended term of imprisonment
- The victim was under 12, in which case a defendant will receive a life sentence with 30 years of parole ineligibility or until the defendant has turned 75 and served at least 15 years of their sentence
- The victim was under 12, and the offense involved outrageously or wantonly vile, horrible, or inhumane conduct, in which case a defendant will receive a sentence of life without parole
A conviction for second-degree sodomy constitutes a class D felony that imposes a sentence of up to seven years in prison.
Defenses to Deviate Sexual Assault Charges
A person charged with committing deviate sexual assault or sodomy may present various defenses to fight the prosecution’s case, such as:
- Consent – Defendants may assert that alleged victims validly gave consent to the sexual act.
- Mistaken Identity – A defendant may challenge the reliability of a victim’s or eyewitness’s identification or present alibi evidence proving they were elsewhere when the alleged sexual assault occurred.
- False Accusations – Defendants may claim that alleged victims have fabricated their allegations to retaliate against them or gain an advantage in another legal proceeding.
- Unreliable Forensic Evidence – A defendant may challenge the reliability of DNA or other forensic evidence purporting to link the defendant to the crime.
- Unlawfully Obtained Evidence or Statements – Defendants may seek to exclude evidence from the prosecution’s case by arguing that police conducted unlawful searches or interrogations to obtain that evidence.
Contact a Sexual Assault Defense Lawyer Today
When you face prosecution for committing deviate sexual assault in Missouri, you need experienced legal counsel to protect your rights and reputation. Contact Richard H. Sindel today for a free, confidential consultation with a sexual assault defense attorney to learn how our firm can help you resolve your charges favorably.