How an Attorney Defends Against Rape and Sexual Assault Charges in Missouri
Sex CrimesRape and sexual assault charges carry some of the harshest criminal penalties under Missouri law. Not only will a conviction for a sex crime send you to jail for a long time, but you could also lose your job or housing, and you might have to register as a sexual offender. Working with an experienced Missouri sex crimes defense lawyer is crucial in these situations, but how do defense attorneys defend people against these charges?
How Missouri Law Defines Rape and Other Sex Crimes
In Missouri, first-degree rape involves sexual intercourse with someone through force, with someone who is incapacitated, or with someone who cannot consent. Second-degree rape involves intercourse with someone when the offender knows the victim doesn’t consent, though it doesn’t involve force or an incapacitated victim. Similar offenses include sexual abuse (sexual contact without intercourse through force or when the victim is incapacitated) and sexual misconduct (exposing the genitals and similar lewd acts).
It’s also worth noting that rape and other sex offenses in Missouri carry substantial penalties. Those penalties can include lengthy jail sentences, hefty fines, and having to register as a sexual offender. For instance, first-degree rape carries a minimum sentence of five years, while the maximum sentence is life imprisonment. Hiring a Missouri criminal defense attorney immediately is essential for building a strong defense and avoiding the worst outcomes in these situations.
Defenses Against Rape and Sexual Assault Charges in Missouri
The facts of your case dictate the best strategy for contesting rape and sexual assault charges in Missouri. Some defenses your rape defense attorney might choose include:
- Consent – To obtain a conviction for rape or other sex offenses in Missouri, prosecutors must prove the victim didn’t consent to the acts allegedly done to them. Presenting evidence that the victim did consent can weaken the prosecution’s case. Such evidence could include text messages or eyewitness accounts.
- Mistaken Identity – There are instances where the police mistakenly accuse people of committing sexual offenses. DNA evidence can show that you didn’t commit the sexual acts in question. Similarly, evidence showing you were not at the scene of the alleged crime can establish an alibi and possibly clear you of committing a crime.
- False Accusations – Sometimes, people make false accusations of sex crimes for personal gain, such as to try to get the upper hand in a child custody battle or financial dispute. Highlighting inconsistencies in your accuser’s story or presenting evidence of ulterior motives can help challenge the credibility of your accuser’s claim.
- Constitutional Violations – If police violated your rights during the investigation, they might have to dismiss any evidence obtained improperly, weakening the case against you. Such violations could include an illegally conducted search or the failure to read you your Miranda warnings.
Contact a St. Louis Sexual Assault Defense Lawyer Now
Attorney Richard H. Sindel has received many honors for his work representing criminal defendants in Missouri, including recognition from the Wall Street Journal and St. Louis Business Journal. Our skilled and experienced team can investigate the case against you to look for weak points in the prosecution’s strategy to build a robust defense tailored to the facts of your case. Call now or complete our contact form for a free consultation.