Missouri Rape and Sexual Assault Laws Missouri Rape and Sexual Assault Laws Missouri law prohibits all forms of non-consensual sexual acts , including oral, vaginal, and anal intercourse as well as contact with any private parts and the hands, mouth, etc. The legal term for the prohibited sexual act depends on the anatomy involved and whether penetration or intercourse occurred.
For example, rape is defined as a man inserting his penis into a woman's vagina, while touching a breast would be called "sexual abuse. Children are considered too young to consent to certain sexual conduct in Missouri. Even if a child claims to consent to the sexual act, it's illegal. This is called " statutory rape " or "statutory sodomy. Defenses to Sexual Offenses If you're accused of committing any sex crime, you should seek the advice of a local Missouri sex crime defense attorney or a public defender.
An experience attorney can help determine what defense strategy is best for you. Several of the possible defenses include: Consent - When you can show that the person you had sexual contact with was capable and did consent to all of the sexual acts involved.
Innocence or false allegations - You didn't do it. Your current or former romantic partner may want to hurt you by accusing you of rape. Proving you couldn't have done it because you weren't there, i. Insanity - If you or a loved one were acting under a mental disorder at the time or couldn't understand that the sexual act was legally prohibited, you may have an insanity defense. Missouri Rape and Sexual Assault Laws: Statutes The Missouri rape, sodomy, and sexual Abuse laws are outlined in the table below.
For more information, see the FindLaw Sex Crimes section. Code Sections Missouri Chapter Sexual intercourse penetration of a vagina by a penis , even if slight or without emission with a person who's incapacitated, incapable of consent, or by force includes date rape drugs Class A felony - 1st degree rape and sodomy with serious physical injury, using a weapon, or of a child less than 12 Class B felony - 1st degree rape and sodomy except above , 1st degree sexual abuse with serious physical injury, deadly weapon, or of child under 14 Class C felony - 2nd degree rape or sodomy, statutory rape or sodomy in the 2nd degree, 1st degree sexual abuse except above Class D felony - 2nd degree sexual abuse with prior sex offense, using a deadly weapon, or if committed as part of ceremony or ritual Class A misdemeanor - 2nd degree sexual abuse except above Penalties Punishments for felonies and misdemeanors in Missouri vary by class.
The penalty ranges by offense class are: Class A felony - imprisonment for years or life imprisonment Note: Rape using a weapon or with serious physical injury has a year minimum, whereas the same for sodomy has a year minimum. Also, rape or sodomy in the first degree of a child under 12 has a mandatory life in prison without release for 30 years or 15 years if offender is 75 years or older.
If the rape or sodomy of a child was particularly vile or involved torture, no parole option is available. In addition to any prison sentence and fines you may incur, you will almost certainly be placed on the national sex offender registry which has a serious impact on where you can live , where you can work, and what your neighbors and friends will think of you when they find you on the registry.
For several years to the rest of your life , you'd need to check in with your local police on a regular basis. Civil Case Sexual battery harmful or offensive sexual touching can result in the victim suing their abuser. A civil lawsuit for financial compensation is separate from any criminal case for the sexual offenses. If you're a victim of sexual assault, you may want to consult with a personal injury attorney about suing your abuser.
If you've been accused of a sexual crime, be aware that a civil suit is possible and you may need to hire a civil defense attorney in addition to your criminal defense attorney or public defender. State laws are constantly changing -- it's important to verify the state law s you are researching.