What Is the Difference Between Sexual Assault and Sexual Battery in Missouri?
Sexual AssaultWhen people talk about sex crimes, they often use the words sexual assault and sexual battery as if they mean the same thing. However, those terms don’t line up with Missouri’s criminal code. Missouri law does not use the phrase “sexual battery” at all.
Instead, sex crime charges in Missouri fall into specific categories like rape, sodomy, sexual abuse, or sexual misconduct. Understanding how the law separates these crimes can help you see the difference between sexual assault and what other states would call sexual battery.
How Missouri Defines Sexual Assault
Missouri law uses rape and sodomy statutes to address sexual assault. These charges all involve penetration, either through sexual intercourse or “deviate sexual intercourse” (oral sex, anal sex, or penetration with a finger or object). These statutes include:
- Rape in the first degree: Sexual intercourse with someone who is incapacitated, incapable of consent, or through forcible compulsion, including using substances like date rape drugs.
- Rape in the second degree: Having intercourse knowing the other person does not consent.
- Statutory rape: Sexual intercourse with a minor. The most serious charge applies when the victim is under 14.
Sodomy laws mirror these definitions for deviate sexual intercourse:
- Sodomy in the first degree: Oral, anal, or object penetration with someone who is incapacitated, incapable of consent, or through force.
- Sodomy in the second degree: Deviate sexual intercourse knowing the other person does not consent.
- Statutory sodomy: Oral or anal sex with minors, with the highest penalties when the victim is under 14.
These are serious felonies with prison sentences and mandatory sex offender registration to match.
How Missouri Handles Sexual Battery
While Missouri statutes never use the phrase “sexual battery,” other states use it to describe nonconsensual sexual touching without penetration. In Missouri, those acts are covered by sexual abuse laws:
- Sexual abuse in the first degree: Subjecting another person to sexual contact when they are incapacitated, incapable of consent, or through the use of force. Sexual contact means touching the genitals, anus, or breasts, either directly or through clothing, to arouse or gratify anyone involved.
- Sexual abuse in the second degree: Sexual contact with another person without their consent.
Sexual abuse charges are treated differently from rape or sodomy. Second-degree sexual abuse is a Class A misdemeanor unless aggravating circumstances exist—then it’s a Class E felony. First-degree sexual abuse is a Class C or Class B felony. Penalties can range from fines and up to one year in county jail for a misdemeanor, to multiple years in prison for felony charges.
Key Differences Between Sexual Assault and Sexual Battery
The main difference between these two categories is penetration. Sexual assault in Missouri (rape or sodomy) involves intercourse or deviate sexual intercourse without consent. Sexual battery (sexual abuse) is unwanted sexual touching without penetration.
Another difference is the punishment involved. Sexual assault charges under Missouri’s rape and sodomy statutes are felonies. Sexual abuse can be a misdemeanor or a felony, depending on the facts. That means sexual assault is punished much more severely than the conduct you might call sexual battery.
How Consent Affects Sex Crime Cases
Consent is central to both types of charges. Missouri law recognizes that some people cannot legally consent because of their age, intoxication, or mental incapacity. Furthermore, silence, lack of resistance, or an ongoing relationship does not equal consent. The law requires clear, affirmative agreement.
However, consent can be disputed. Prosecutors typically build their cases on testimony, forensic evidence, and related evidence. These cases frequently come down to witness credibility and how the prosecution and jury interpret the events.
Talk to Richard H. Sindel, Inc. About Your Case Today
If you’ve been accused of sexual assault, sexual abuse, or another sex offense, Richard H. Sindel, Inc. can help you understand the charges and build a custom defense strategy. Contact our office today to discuss your case.