Being charged with statutory rape is a frightening experience, one that leaves you worried about how a conviction could affect your finances, your reputation, and even your freedom. Fortunately, you do not have to face these serious charges alone. Instead, you can let a knowledgeable criminal defense lawyer from Richard H. Sindel, Inc. help you understand your rights and options.
Our firm will thoroughly investigate your charges, develop defense strategies tailored to the facts of the case, and help you seek the best possible resolution under the circumstances. We know that times are dark right now; let us turn on the light. Contact us today to discuss your rights and options with a statutory rape defense attorney in St. Louis.
Understanding Statutory Rape Laws in Missouri
Statutory rape laws in Missouri prohibit individuals from engaging in sexual conduct with minors under the age of consent. Even if such a minor voluntarily participates in sexual activity, they cannot validly consent to such activity, and thus, a person who participates in sexual activity with that minor commits statutory rape. Under Missouri’s age of consent laws, people 14, 15, or 16 may not consent to sexual activity with anyone more than four years older than them or someone 21 or older. Seventeen-year-olds may consent to sexual activity with anyone 14 or older.
Under Missouri law, a person commits first-degree statutory rape if they have sexual intercourse with a person under 14. A person commits second-degree statutory rape if they are 21 or older and have sexual intercourse with a person under 17.
Consequences of a Statutory Rape Conviction
The potential consequences of a statutory rape conviction in Missouri may depend on the grading of the offense and other factors, such as a defendant’s criminal history. A first-degree statutory rape conviction carries a penalty of life imprisonment or a term of at least five years in prison unless:
- A statutory rape offense qualifies as an aggravated sexual offense, or the victim is under 12, in which case the offense carries a penalty of life imprisonment or a term of at least ten years in prison.
- The offender qualifies as a persistent or predatory sexual offender, in which case the offender can face an extended term of imprisonment under the persistent/predatory sexual offender statute.
A second-degree statutory rape offense constitutes a class D felony, which carries a penalty of up to seven years in prison. Alternatively, a court may impose a special term of up to one year in county jail.
In addition to imprisonment, a conviction for statutory rape in Missouri will also come with a sex offender registration requirement. Sex offender registration requirements involve providing the Missouri State Highway Patrol with personal information and a DNA sample; offenders must regularly renew their registration or promptly update their information if it changes. Failing to renew or update sex offender registrations constitutes a felony offense in Missouri.
Finally, a statutory rape conviction will also result in the stigma of a criminal record. Having a criminal record with a statutory rape conviction can make pursuing opportunities requiring background checks more challenging due to this stigma. As a result, people facing statutory rape charges need highly experienced, dedicated legal representatives who will fight for the best possible resolution to their charges.
Defenses to Statutory Rape Charges
An individual facing statutory rape charges may have various defenses to the prosecution’s case. Although a defendant in a statutory rape case may not claim ignorance of the alleged victim’s age, they may have other factual and legal defenses they could raise, such as:
- Lack of proof of the victim’s age: A defendant may argue that the prosecution’s case failed to present sufficient evidence for a factfinder to determine that the alleged victim was young enough or had a sufficient age gap with the defendant to trigger the statutory rape statute.
- No sexual intercourse: Defendants may deny that they had sexual intercourse with the alleged victim.
- Fabrication: Defendants may also claim that a victim or the victim’s family has falsely accused the defendant of having sexual intercourse with the alleged victim.
- Mistaken identity/alibi: A defendant may deny having had sexual intercourse with an alleged victim by challenging the reliability of the victim’s or an eyewitness’s identification of the defendant or by presenting alibi evidence to prove they were elsewhere when the victim allegedly had sexual intercourse.
- Unreliable forensic evidence: When the prosecution presents forensic evidence to prove that the defendant had sexual intercourse with the alleged victim, a defendant may challenge the prosecution’s forensic testing or handling of evidence to question the reliability of that forensic evidence.
What Should You Do After an Arrest for Statutory Rape?
When the police arrest you on statutory rape charges, you can protect your interests and put yourself in the best position to beat the charges against you by:
- Exercising your right to remain silent by politely declining to speak to the police or answer their questions about your charges
- Refraining from contacting the alleged victim, their family, or other potential witnesses to discuss your case
- Gathering evidence that may help you prepare a legal defense, such as alibi evidence or evidence refuting the prosecution’s factual allegations
- Contact a criminal defense lawyer from Richard H. Sindel, Inc. as soon as possible to begin developing a tailored legal strategy
Why Choose a Sex Crimes Defense Attorney from Richard H. Sindel, Inc?
A statutory rape charge can have devastating consequences for your reputation, freedom, and future. Your choice of legal representation in your case can make a difference in the outcome of your charges. Turn to a sex crimes defense lawyer from Richard H. Sindel, Inc. to defend your interests in a statutory rape case because:
- Our firm has nearly 90 years of experience defending the rights and interests of residents of Missouri communities. Since 1937, we have dedicated ourselves to helping clients achieve the best possible resolution in their cases.
- Our attorneys have earned a reputation among our legal peers for outstanding defense work, including in some of Missouri’s most complex and high-stakes criminal cases.
- Our well-researched approach to criminal defense has allowed us to defend the rights and futures of scores of clients.
How Can a Criminal Defense Attorney Help You Face Your Charges?
A criminal defense attorney can help you seek a favorable resolution to statutory rape charges by:
- Independently investigating your charges, rather than relying solely on the evidence turned over by prosecutors, to ensure we build the most robust defense possible
- Evaluating the facts and circumstances of your case to identify potential case strategies
- Explaining your charges and legal options so you can make informed decisions
- Challenging the prosecution’s case at every opportunity to fight for a favorable resolution as swiftly as possible
- Fighting for the best possible outcome to your case, even when that means going to trial to contest your charges or assert your innocence
Contact Our Firm Today to Discuss Your Legal Options
If you’ve been charged with statutory rape, you need an experienced sex crimes defense attorney who can help you protect your rights, legal options, and reputation. Contact Richard H. Sindel, Inc. today for a confidential consultation with our legal team to discuss your options for seeking a favorable resolution to your statutory rape charges.
