Kansas City Sexual Assault Attorney

Missouri Sexual Assault Laws

Chapter 566 of the Missouri Revised Statutes provides for sex offenses, their definitions, and penalties. Sexual assault is a broad category that encompasses several non-consensual sex offenses. These crimes are categorized based on the type of sex, the age of the victim, and how much harm was inflicted and force was used.

Sexual assault crimes in Missouri include:

• First-degree rape: Having sexual intercourse with someone who can’t consent, doesn’t consent, or is incapacitated, or through the use of force
• Second-degree rape: Having sexual intercourse with someone knowing that they don’t consent to it
• First-degree statutory rape: Having sexual intercourse with someone under 14
• Second-degree statutory rape: Having sexual intercourse with someone under 17 when you are 21 or older
• First-degree sodomy: Having oral or anal sex with someone who can’t consent, doesn’t consent, is incapacitated, or is forced
• Second-degree sodomy: Having oral or anal sex with someone knowing that they don’t consent to it
• First-degree statutory sodomy: Having oral or anal sex with someone under 14 years old
• Second-degree statutory sodomy: Having oral or anal sex with someone under 17 when you are 21 or older
• First-degree sexual abuse: Purposefully making sexual contact with someone who can’t consent, doesn’t consent, or is incapacitated, or through the use of force
• Second-degree sexual abuse: Purposefully making sexual contact with someone without their consent

Misdemeanor vs. Felony Sex Crimes

Sex crimes can be either misdemeanors or felonies in Missouri. The penalties depend on the class of the crime:

• Class A felony: First-degree rape and first-degree sodomy involving the use of a weapon, serious bodily injury, or a child under 12 years old, statutory first-degree rape, and statutory first-degree sodomy. The penalty is ten to 30 years in prison or life in prison.
• Class B felony: First-degree rape, first-degree sodomy, statutory first-degree rape, statutory first-degree, and first-degree sexual abuse that involves the use of a weapon or is done to a child under 14 years old. The penalty is five to 15 years in prison.
• Class C felony: First-degree sexual abuse. The penalty is three to ten years in prison and/or a fine of up to $10,000.
• Class D felony: Second-degree rape, second-degree statutory rape, second-degree sodomy, second-degree statutory sodomy. The penalty is up to seven years in prison and/or a fine of up to $10,000.
• Class E felony: Second-degree sexual abuse with prior sex offense convictions punishable by up to four years in prison
• Class A misdemeanor: Second-degree sexual abuse punishable by up to one year in jail and a fine of up to $2,000

Potential Defenses Against Kansas City Sexual Assault Charges

There are several rape and sexual assault defenses that your attorney can use to challenge your charges. Here are the most commonly used ones:

Innocence: Your defense counsel can raise this defense to assert your non-involvement in the alleged crime. It may involve presenting an alibi supported by witnesses or providing evidence like DNA analysis, surveillance footage, receipts, or GPS data that disproves the case against you. You can also argue misidentification by the victim or an ulterior motive.

Consent: This defense claims that sexual acts were consensual. However, consent is not a valid defense for cases involving minors or individuals with mental illness.

Insanity: Your attorney can argue that your mental illness impaired your moral judgment, thus rendering you incapable of understanding the crime’s nature and its consequences. You’ll need to prove that, at the time of the alleged crime, you couldn’t discern right from wrong due to your mental condition.

Why Choose Benjamin Law Firm, LLC?

Are you facing Kansas City sexual assault criminal charges? Our attorneys at Benjamin Law Firm, LLC can help you fight for your rights and freedom.

Here’s why our criminal defense lawyers are the right choice for you:

Our Experience

Our law firm has extensive and years-long experience defending Kansas City sex crime cases and has consistently obtained remarkable outcomes for our clients. Don’t just take our word for it; check out case results and all 5-star Google reviews!

Transparent and Honest Approach

At Benjamin Law Firm, LLC, we believe in transparency and honesty. We don’t hide fees, overcharge, or make unrealistic promises.

We are upfront and transparent about our services, fees, and expected results. We communicate with you every step of the way to keep you informed of the progress and outcome of your cases. You can trust us to provide honest and realistic advice based on our extensive experience and knowledge of the law.

ROI Focused

We prioritize giving our clients a significant Return on Investment (ROI). We save you money by reducing fines, fees, penalties, or damages. We also help you avoid costly mistakes, delays, or complications.

Schedule Your Consultation With Us!

Ready to fight your sex crime charges with the help of an experienced, award-winning defense attorney? Reach out to us at Benjamin Law Firm, LLC today to schedule your consultation.