Author:
Kimberly J. Benjamin, Founder & Managing Attorney
March 30. 2023.
How Is Rape Defined in Missouri (MO)?
In Missouri, rape is committed when a person has sexual intercourse with someone who is incapacitated, incapable of consent or lacks the capacity to consent by using forcible compulsion.
Missouri law recognizes different degrees of the crime of rape, depending on the circumstances of the offense. For example, a person commits statutory rape if their victim is under the age of fourteen and they are over the age of twenty-one.
If the victim is physically incapacitated or the perpetrator uses a weapon, the offense is considered first-degree rape, a more severe crime with harsher penalties.
The law is stringent on age criteria when defining sex crimes, and consent is not a defense when a minor is involved. This means that even if the child appears to have willingly engaged in the sexual activity, the offender can still be charged with rape.
How Is Sodomy Defined in Missouri?
A person commits the offense of first-degree sodomy in Missouri if they have or attempt to have ‘deviate’ sexual intercourse with another person who is incapacitated, incapable of consent, or by the use of forcible compulsion. It differs from statutory sodomy, which involves deviant sexual intercourse with a child under fourteen.
Forcible compulsion is used when a substance is administered without the victim’s knowledge or consent that physically or mentally impairs the victim and makes them incapable of giving consent.
Missouri law also recognizes different degrees of the crime of sodomy, depending on the circumstances of the offense. For example, if the victim is under twelve, the offense is considered first-degree sodomy, a more serious felony offense. On the other hand, if a victim is twelve or older but under seventeen, the offense is second-degree sodomy.
Additionally, if the perpetrator used forcible compulsion, or the victim was unable to give consent because they were mentally incapacitated or physically helpless, the offense could be classified as a higher degree of the crime, with more severe penalties.
Sex crimes that involve sexual contact, such as child molestation, student-teacher relations, and child enticement, are not classified as sodomy under Missouri law. However, they may involve acts of sodomy.
What Is the Difference Between Rape and Sodomy?
While rape and sodomy are sex crimes without the other person’s consent, sodomy involves deviant sexual intercourse or non-procreative sexual conduct, while rape does not. Additionally, in spite of their substantial similarities, rape and sodomy are defined under two different sections of Missouri’s code.
First-Degree Rape and Sodomy
A person convicted of sodomy in the first degree or of an attempt to commit sodomy in the first degree is sentenced to life imprisonment or a term not less than five years, unless:
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It is an aggravated sexual offense punishable by life imprisonment or a term of not less than ten years.
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A persistent or predatory sexual offender commits the act making it punishable by an extended term of imprisonment.
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The victim is under the age of twelve, making the act punishable by life imprisonment without eligibility for probation or parole until the accused fulfills certain conditions of the sentence.
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The victim is a child under twelve, and the sodomy was outrageously vile and inhumane in that it involved torture or depravity of mind. The term is life imprisonment without probation, parole, or conditional release.
Second Degree Rape and Sodomy
Engaging in deviant sexual intercourse with another person knowingly without their consent is second-degree statutory sodomy. Such sexual conduct is a Class D felony with a maximum term of seven years in prison and up to $10,000 in fines.
A person commits rape in the second degree when they have sexual intercourse with someone knowing that they do so without that person’s consent. Under Missouri law, second-degree rape and second-degree statutory rape are class D felonies with similar penalties, despite having different definitions.
A knowledgeable attorney can provide several sexual assault defense strategies that may apply to the unique circumstances of your case.
What Is Sex Offender Registration?
Individuals convicted of rape may be required by the courts to register as sex offenders in the sex offender registry at their local law enforcement after they are released from prison. A sex offender registration provides information to the public about your criminal sexual history throughout your life.
It labels the individual a sex offender and may affect where they live, work, and school for the rest of their lives. It may also affect the way others see or communicate with them. Sex offenders are required to have regular checks with the authorities.
Defenses to Rape or Sodomy in Missouri
The defenses to rape or sodomy charges in Missouri include:
Consent
Individuals charged with the offense of rape or sodomy can have their charges reduced or dropped if they can prove that the victim was above the age of 14 years and was legally capable of consenting to the sexual act.
Innocence
The accused can use the defense of innocence by showing evidence that they were falsely accused or that someone else committed the sex crime, including an alibi showing that they were at a different location when the offense occurred.
Physical evidence from the crime scene and documentation, including video and audio recordings, photographs, and text messages, may also be helpful in proving innocence.
Insanity
The defense of insanity is applicable where the accused has been found to be legally insane. If the accused has a mental disease that makes them incapable of knowing and understanding the nature, quality, or wrongfulness of their own actions, they will not be liable for the offense.
The accused is presumed to be sane until proven otherwise beyond all reasonable doubt. Therefore, the evidence of insanity is only admissible in the trial when the accused pleads not guilty by reason of a mental insanity.
Through our professional legal representation, we can help you build a strong defense against the defendant. We can also evaluate the case to determine the defense that applies to your specific facts.
Can a rape or sodomy conviction be expunged in Missouri?
In Missouri, the expungement of a rape or statutory sodomy conviction is generally not feasible. Missouri’s expungement laws are stringent, and they particularly exclude certain violent or sex-related crimes, including rape and statutory sodomy, often associated with illicit sexual desire. These severe charges carry minimum sentences and significant long-term consequences. Consequently, the process for expungement, if even possible, can be quite complex and time-consuming, and will certainly require adept legal representation. Always consult with an experienced criminal defense attorney to understand all the potential options and maneuvers available in your specific case, given the intricacies of the law.
Contact the Missouri DWI & Criminal Law Center Today!
Individuals facing first-degree statutory sodomy in Missouri or other sexual assault charges should contact the Missouri DWI & Criminal Law Center. Our lawyers will review your circumstances, evaluate the strength of the prosecution’s case against you and advise you on the specific rape and sodomy laws that apply in your case.
If you feel that false accusations of rape have been made against you, you do not have to panic. Our criminal defense attorneys can respond to all allegations and advise you on great defense tactics to avoid severe penalties and have the charges dropped.
In addition, we can legally assist you in taking the steps necessary to proceed against the rape allegations.
Contact us today to schedule a free consultation.
