St. Louis Sexual Assault Lawyer
Request Free ConsultationFacing a Sexual Assault Charge in Missouri?
Don’t take the chances of a sexual assault conviction without a strong legal battle. As an accused, you have the right to defend yourself, and our St. Louis lawyers at Miller & Hine will help you. With over 48 years of combined experience and 4 attorneys dedicated to working on your single case, you can feel confident that we will do our best to protect your future and your reputation.
Call (314) 413-2053 or reach out to our St. Louis sexual assault attorneys online for more information in a free consultation.
Prohibited Acts of Sexual Assault
All forms of non-consensual sexual acts are prohibited in Missouri, including oral, vaginal, and anal intercourse, as well as contact with any private parts and the hands or mouth. Note that the legal term for each prohibited sexual act depends on the anatomy involved and whether penetration or intercourse occurred. For instance, forcible penetration is considered rape, while non-consensually touching a woman’s breast is sexual abuse. Both sex offenses fall under the umbrella of sexual assault.
Missouri law specifies the following types of sexual assault offenses, which range from rape to sodomy:
- Mo. Rev. Stat. § § 566.030 (Rape in the First Degree) – sexual intercourse (penetration, even if slight or without emission) with a person who is incapacitated, incapable of consent, or by force
- Mo. Rev. Stat. § § 566.031 (Rape in the Second Degree) – sexual intercourse with another person knowing they don’t consent
- Mo. Rev. Stat. § § 566.032 (Statutory Rape in the First Degree) – sexual intercourse with a person under 14 years old
- Mo. Rev. Stat. § § 566.034 (Statutory Rape in the Second Degree) – sexual intercourse between a person 21 or older with another person younger than 17 years old
- Mo. Rev. Stat. § § 566.060 (Sodomy in the First Degree) – “deviate sexual intercourse” (oral or anal sex or penetration by a finger or object) with a person who is incapacitated, incapable of consent, or by force
- Mo. Rev. Stat. § § 566.061 (Sodomy in the Second Degree) – deviate sexual intercourse (above) knowing the other person doesn’t consent
- Mo. Rev. Stat. § § 566.062 (Statutory Sodomy in the First Degree) – deviate sexual intercourse (above) with a person younger than 14 years old
- Mo. Rev. Stat. § § 566.064 (Statutory Sodomy in the Second Degree) – deviate sexual intercourse with a person younger than age 17 when the defendant is age 21 or older
- Mo. Rev. Stat. § § 566.100 (Sexual Abuse in the First Degree) – subjecting a person to sexual contact (touching genitals, anus, or breasts directly or through clothes to arouse) when the person is incapacitated, cannot consent, or by force
- Mo. Rev. Stat. § § 566.101 (Sexual Abuse in the Second Degree) – subjecting a person to sexual contact without that person’s consent
Jail Time, Fines, and Sex Offender Registration
Individuals convicted of sexual assault will face a range of jail time and fines.
The specific penalties will depend on several factors, including the type of crime, whether force was used, and the age of the alleged victim:
- Class A felony (10-30 years or life in prison) – first degree rape and sodomy with serious physical injury, using a weapon, or of a child younger than 12
- Class B felony (5-15 years in jail) – first degree rape and sodomy, first degree sexual abuse with serious physical injury, deadly weapon, or of a child younger than 14
- Class C felony (up to 7 years in jail and up to $5,000 in fines) – second degree rape or sodomy, statutory rape or sodomy in the second degree, first degree sexual abuse
- Class D felony (up to 4 years in prison and up to $5,000 in fines) – second degree sexual abuse with prior sex offenses, using a deadly weapon, or if committed as part of a ceremony or ritual
- Class A misdemeanor (up to 1 year in jail and up to $1,000 in fines) – second degree sexual abuse
Convicted individuals will also likely be placed on the National Sex Offender Registry. Being labeled on the registry could impact where the defendant may live and work, as well as create a social stigma among friends and coworkers. Registration may last temporarily (several years) or for life, depending on the severity of the offense.