Sexual Abuse

If you face charges of sexual abuse, don’t leave the outcome of your case to chance. Contact Richard H. Sindel, Inc., today for a free initial case review with a sex crimes defense lawyer to discuss your legal options for defending yourself.

Why Choose a Sex Crimes Defense Attorney from Richard H. Sindel, Inc.?

Getting charged with sexual abuse in Missouri can have devastating consequences for your freedom, reputation, and future. Your choice of legal representation may make a difference in the outcome of your case and your ability to move forward with your life. Let a state crimes defense lawyer from Richard H. Sindel, Inc., help you defend yourself against sexual abuse charges because:

• Our firm has defended the rights and reputations of Missourians since 1937. For over 85 years, we have dedicated our work to helping clients achieve positive outcomes in their cases.
• Our attorneys have developed a reputation among our legal peers for top-notch defense work in some of the most high-profile, complex criminal cases.
• We take a well-researched approach to criminal defense, leaving no stone unturned in seeking the best possible resolution for you.

Understanding Missouri’s Sexual Abuse Law

In Missouri, the crime of sexual abuse occurs when a person unlawfully subjects a victim to sexual contact. Missouri law defines “sexual contact” as touching another person with one’s genitals, touching another person’s genitals or anus, or touching a female’s breast, whether directly or through clothing, with the purpose of:

• Arousing any person
• Gratifying any person’s sexual desire
• Terrorizing the victim

Missouri’s criminal law recognizes two grades of sexual abuse. First-degree sexual abuse occurs when a person subjects an incapacitated victim to sexual contact, subjects a victim to sexual contact when the victim lacks the ability or legal capacity to consent, or subjects a victim to sexual contact through forcible compulsion. Second-degree sexual abuse occurs when a person purposely subjects a victim to sexual contact without that victim’s consent.

Consequences of a Conviction for Sexual Abuse

Consequences for sexual abuse conviction in Missouri can depend on the grading of the offense, which depends on the degree of sexual abuse and whether an offense involves aggravating factors. Missouri grades first-degree sexual abuse as a class C felony by default; however, if a person commits an offense against a victim under 14, the offense becomes a class B felony.

Missouri grades second-degree sexual abuse as a class A misdemeanor by default. However, if the crime qualifies as an aggravated sexual offense, it becomes a class E felony. Missouri defines an aggravated sexual offense as any crime in which the perpetrator:

• Severely injures the victim
• Displays a deadly weapon or dangerous instrument in a threatening manner
• Subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person
• Has a prior child pornography conviction
• Commits the offense as part of an act or series of acts committed by two or more persons as part of an established or prescribed pattern of activity
• Commits an offense against the perpetrator’s ancestor or descendant by blood or adoption, stepchild (during the marriage that created the stepparent-stepchild relationship), sibling/half-sibling, uncle, aunt, niece, or nephew

Sentencing ranges for sexual abuse convictions in Missouri include:

• Class B Felony – Five to 15 years in prison
• Class C Felony – Three to 10 years in prison
• Class E Felony – Up to four years in prison
• Class A Misdemeanor – Up to one year in jail, a fine of up to $2,000, or both jail and a fine

A sexual abuse conviction can have other long-term collateral consequences. Convicted individuals will have sex offender registration obligations following their release from incarceration, which requires them to report to law enforcement periodically. Convictions will also result in a criminal record that may appear in background checks for housing, employment, educational opportunities, or professional licenses. The stigma of a sexual abuse conviction can make moving forward with your life after completing your sentence more challenging.

Due to the consequences of a conviction for sexual abuse, you can best protect your legal rights by working with an experienced criminal defense attorney from Richard H. Sindel, Inc. to pursue a favorable resolution to your charges.

Potential Defenses to Sexual Abuse Charges

A person charged with sexual abuse in Missouri may have various defense strategies they might pursue to contest the prosecution’s case. Common defenses to sexual abuse charges include:

• Consent – A person faced with a sexual abuse charge may assert that the alleged victim validly consented to the alleged touching and did not withdraw that consent.
• Lack of Intent – A defendant charged with second-degree sexual abuse may argue that they did not touch the alleged victim purposely, as required by the statute, but instead inadvertently touched the alleged victim in an intimate place.
• Mistaken Identity/Alibi – Defendants may deny having committed an alleged sexual abuse offense by asserting that another perpetrator committed the crime. Defendants may challenge the reliability of the alleged victim’s or eyewitness’s identification by highlighting issues affecting their perspective or the police’s use of an improperly suggestive identification procedure. Alternatively, a defendant may present alibi evidence to prove they were elsewhere when the crime occurred.
• Lack of Aggravating Factors – A defendant may seek to reduce the grading of their sexual abuse charge by contending that the prosecution’s case fails to prove an aggravating factor, such as the alleged victim’s age or circumstances designating the alleged crime as an aggravated sexual offense.
• Unlawfully Obtained Evidence or Statements – Defendants may assert that the police obtained evidence or statements through an unlawful search or custodial interrogation.

What Should You Do If Charged with Sexual Abuse?

After the police arrest you for sexual abuse, here are some steps you can take to protect your rights and put yourself in the best position to defend yourself:

• Exercise your right to remain silent by informing the police that you do not wish to give a statement or answer questions.
• Invoke your right to legal counsel as soon as possible after an arrest by telling officers that you wish to speak to a criminal defense attorney.
• Refrain from contacting the alleged victim or other potential prosecution witnesses.
• Collect and preserve evidence, such as alibi evidence, that may help you present defenses to your charges.

How Can a Criminal Defense Lawyer Help?

Facing the criminal justice system can feel isolating and stressful. However, you don’t have to deal with the police and prosecutors alone. An experienced criminal defense lawyer from Richard H. Sindel, Inc., can handle the details of preparing and pursuing your defense to help you seek the best possible outcome under the facts of your case. Let our firm help you with your sexual abuse charges by:

• Independently investigating your case to obtain evidence that can help you present a compelling defense
• Making sure you understand your charges and the potential outcomes to help you make informed decisions at each stage of the case
• Reviewing the facts and evidence to evaluate potential defense strategies
• Challenging the prosecution’s case at every available opportunity to fight for an efficient resolution to your charges
• Vigorously pursuing a fair and favorable result, even if that means taking your case to trial

Contact Our Firm Today to Discuss Your Legal Options

When prosecutors have charged you with sexual abuse, you need experienced legal advocacy to help you protect your rights and interests. Contact Richard H. Sindel, Inc., today for a free, no-obligation consultation with a criminal defense attorney to learn how our firm will fight to secure a favorable resolution to your sexual abuse case.