What to Do When You Are Being Accused of a Sex Crime

Facing accusations of a sex crime can be a stressful, humiliating, and devastating experience with serious long-term consequences. In addition to potential imprisonment and fines, a conviction can lead to significant social stigma, difficulty finding work, and the requirement to register as a sex offender. If you are being investigated or have been arrested for a sex crime in Missouri, it is crucial to contact an experienced attorney immediately to protect your rights and begin building a strong defense.

What Qualifies as a Sex Crime in Missouri?

In Missouri, sex crimes are generally defined as non-consensual sexual acts, which can include sexual intercourse, penetration, or unwanted physical contact with another person’s private parts. These crimes are classified based on the nature of the act, the age of the victim, and other circumstances. Common sex crime charges in Missouri include:

• Rape
• Sexual Assault
• Sodomy
• Statutory Rape

Because sexual assault can be pursued as both a criminal charge and a civil lawsuit, it is essential to consult with a knowledgeable Missouri law firm that has experience with both types of cases.

Potential Ramifications of a Sex Crime

Missouri law divides sex crimes into four felony categories and one misdemeanor category, each with varying degrees and penalties. These penalties are determined by the specifics of the crime, the victim’s age, and the extent of the damage caused.

• Class A Felony: This is the most severe category, with penalties ranging from 10 to 30 years or life imprisonment. This includes first-degree rape and sodomy where the victim is under 12, a weapon was used, or serious physical injury was caused. If the act involved torture, parole is not an option.
• Class B Felony: A conviction for a Class B felony can result in 5 to 15 years of imprisonment. This category includes first-degree rape and sodomy where the victim is under 14, a weapon was used, or serious physical injury was caused.
• Class C Felony: The penalty for a Class C felony is up to 7 years in prison and/or a fine of up to $5,000. This includes second-degree charges of rape, sodomy, statutory rape, statutory sodomy, or sexual abuse.
• Class D Felony: This category carries a penalty of up to 4 years in prison and/or a fine of up to $5,000. It includes second-degree sexual abuse by a person with a prior sex offense, or sex crimes committed with a deadly weapon or during a ritual or ceremony.
• Class A Misdemeanor: This is the least severe category, with a penalty of up to one year of jail time and up to $1,000 in fines. It is a second-degree sexual abuse offense.

Steps to Take When Accused of a Sex Crime

If you are under suspicion or have been arrested for a sex crime, it is vital to take immediate and deliberate action to protect your legal rights. Even if you believe you are innocent or that your actions were misunderstood, the following steps can help you build a solid defense:

1. Cooperate with Authorities: While you should cooperate with the police, avoid resisting arrest or creating problems. This will only be used against you later in court.
2. Remain Silent: The most important thing you can do is exercise your right to remain silent. Do not offer any information to the police beyond your name, residence, and place of employment. Police will try to get a statement from you, but you should politely and firmly state that you will not answer questions without your attorney present. Do not attempt to defend yourself; you can tell your side of the story in court with legal counsel.
3. Hire a Criminal Defense Attorney: Contact a qualified Missouri sex crime defense attorney as soon as possible. You need someone with the knowledge and experience to aggressively defend your case. An attorney can offer guidance and support throughout the process.
4. Avoid Social Media: Do not post anything on social media about the arrest, the charges, the investigation, or your interactions with your attorney. Anything you post can be monitored by the prosecution and manipulated to be used against you. It is best to avoid posting anything at all during this time.
5. Collaborate with Your Lawyer: Provide your attorney with all relevant information, no matter how insignificant it may seem. Your lawyer needs to build the best possible defense, which means you must be open and honest with them. Be prepared to answer questions, provide evidence, and comply with any requests.
6. Do Not Contact the Accuser: Under no circumstances should you contact the person who has accused you. Do not confront them, apologize, or attempt to “clear things up.” Apologies, even for a perceived misunderstanding, can be viewed as a sign of guilt by the prosecution. Stay away from the accuser and their associates until your case is resolved.

Being accused of a sex crime is a serious situation with severe consequences. Never delay speaking with an attorney. By taking these steps, you can begin to build a solid defense and protect yourself from the potential ramifications of a conviction.