How Missouri Law Defines Consent in Sexual Assault Cases
Sexual AssaultIf you’re facing sexual assault charges in Missouri, your freedom may hinge on the matter of consent. However, Missouri law does not explicitly define what constitutes consent. Instead, attorneys and courts must rely on the commonly accepted understanding of the word.
What Is Consent?
In the context of sex, consent is implied or explicit permission, given either verbally or through actions, for adults to engage in sexual activity. For there to be consent between individuals to engage in sexual activity, both parties must be of a specific legal age, be mentally competent, and be able to make rational decisions. Underage individuals, those with cognitive decline or mental impairments, and those under the influence of drugs or alcohol are generally not capable of giving rational and voluntary consent.
Understanding the Role of Consent in Missouri Sexual Assault Cases
Missouri law addresses sexual assault under various charges, including rape, sodomy, and sexual abuse. While the law does not include a standalone definition of consent, lack of consent is a central element in most sexual offenses. For example, rape in the first degree occurs when one person has sexual intercourse with another through the use of forcible compulsion or with someone incapable of consent due to their age, mental state, or intoxication. First-degree sodomy involves similar criteria for deviate sexual acts.
The law also recognizes that a lack of resistance does not imply consent. Courts look at the context in which the sexual assault occurred, including whether the accused employed coercion, threats, or physical force. In some cases, the victim’s inability to consent due to unconsciousness, intoxication, age, or mental incapacity can make an otherwise consensual act a criminal offense. The prosecution must prove that consent was absent or invalid, making it a pivotal issue in defending against these charges.
Defense Strategies to Fight Back Against Sexual Assault Charges
In Missouri, individuals facing sexual assault charges may pursue several potential defense strategies, depending on the unique facts of the case. An experienced sexual assault attorney can review the evidence and determine the most appropriate approach. Some of the typical defense strategies used in sexual assault cases include:
- Arguing that the alleged victim consented to the sexual activity and presenting evidence that indicates mutual agreement to sexual activities
- Showing the court that the accusation is unfounded
- Providing proof that the accused was elsewhere when the alleged incident occurred
- Demonstrating that no physical evidence links the defendant to the alleged crime, and the prosecution’s case is based solely on uncorroborated testimony
- Showing that law enforcement violated the defendant’s rights during the investigation or arrest
A Criminal Defense Attorney Can Help Plan a Strategic Defense
A sexual assault conviction can reshape your life long after you serve your sentence. If you are facing charges or have questions about consent, discuss your situation immediately with an experienced Missouri criminal defense attorney. The skilled defense attorneys at Richard H. Sindel, Inc., are prepared to identify and pursue strategic solutions to your legal issues. Contact our St. Louis office now to set up a confidential consultation.