Rape

Sex Crimes Defense Lawyer for Rape Charges

Rape is one of the most serious offenses a person can face charges for in Missouri and Illinois. A conviction can significantly disrupt the rest of your life with a lengthy prison sentence and mandatory registration as a sex offender. Sex offenders have limitations on where they can live, work, and spend time and may be ostracized by their friends, family, and community.

If you are facing rape charges, it’s vital that you seek the legal assistance of a skilled sex crime defense attorney. Contact Frank & Juengel Law Group P.C. for a free phone consultation with a member of our legal team. We’ll review your case, explain the charges and penalties you’re facing, and determine what defenses we could use to beat or reduce the charges and penalties.

Why Choose Frank & Juengel Law Group P.C.

Frank & Juengel Law Group P.C.’s lawyers have over 50 years of combined trial experience and have handled over 25,000 criminal cases. Our diverse team of legal professionals includes a former prosecutor and a former military attorney. No matter what charges you are facing, our legal team has the experience, knowledge, and skills to assist.

Our lawyers have been recognized in Super Lawyers Magazine as top criminal defense lawyers in St. Louis, and we have been awarded the highest rating, AV, by Martindale-Hubbell. Our firm also routinely receives five-star reviews and testimonials from satisfied clients, which we encourage you to read.

Rape Charges in Missouri

In Missouri, there are four distinct rape charges an individual can face. All rape charges in the state can lead to years in prison and registration as a sex offender, which is why it’s essential to work with an experienced defense lawyer. Missouri’s rape charges are:

  • Rape in the First Degree ‒ Formerly known as forcible rape, RSMo 566.030 defines rape in the first degree as when a person uses force to have sexual intercourse with someone who is incapacitated, is unable to consent, or who lacks the capacity to consent. The charge also includes attempted rape.
  • Rape in the Second Degree ‒ RSMo 566.031 defines rape in the second degree as when a person has sexual intercourse with another person while knowing that they don’t have that person’s consent.
  • Statutory Rape in the First Degree ‒ RSMo 566.032 defines statutory rape in the first degree as when a person has sexual intercourse with someone younger than 14. This charge also includes attempted statutory rape.
  • Statutory Rape in the Second Degree ‒ RSMo 566.034 defines statutory rape in the second degree as when a person who is 21 or older has sexual intercourse with someone younger than 17.

Rape Penalties in Missouri

The penalties for rape depend on whether the offense was charged as a first or second-degree rape, regardless of whether or not it was statutory. Penalties you could face if convicted of a rape offense in Missouri include:

  • First-Degree Rape ‒ Rape and statutory rape in the first degree convictions can result in at least five years in prison. However, multiple aggravating factors could increase the minimum mandatory sentence. For example, if the victim is a child younger than 12, the minimum sentence is 30 years.
  • Second-Degree Rape ‒ Rape and statutory rape in the second degree are both class D felonies. According to Missouri’s Sentencing Advisory Commission, the penalty for a class D felony is imprisonment for up to seven years.

RSMo 566.125 defines a “persistent sexual offender” as someone who has previously been found guilty of committing or attempting to commit a sexual offense. Persistent sexual offenders face imprisonment for life without the eligibility for probation or parole. The statute continues on to define “imprisonment for life” as imprisonment for the duration of the person’s natural life.

Criminal Sexual Assault Charges in Illinois

In Illinois, criminal sexual assault is the term used for charges formerly known as rape. The state has three distinct criminal sexual assault charges that each come with lengthy prison sentences and mandatory registration as a sex offender. Criminal sexual assault charges you could face are:

  • Criminal Sexual Assault ‒ 720 ILCS 5/11-1.20 defines criminal sexual assault as when a person commits an act of sexual penetration and uses force or threat of force, knows the victim cannot give consent, is a family member of a victim younger than 18, or is 17 or older and in a position of power over a victim who is between 13 and 17.
  • Aggravated Criminal Sexual Assault ‒ 720 ILCS 5/11-1.30 defines aggravated criminal sexual assault as when a person commits criminal sexual assault where one or more aggravating circumstances are present. Aggravating circumstances include displaying a dangerous weapon, causing bodily harm, if the victim is over 60 or disabled, and if the sexual assault happened during the commission of another felony.
  • Predatory Criminal Sexual Assault of a Child ‒ 720 ILCS 5/11-1.40 defines predatory criminal sexual assault of a child as when a person who is 17 or older comes in sexual contact with a victim younger than 13.

Criminal Sexual Assault Penalties in Illinois

The penalties for criminal sexual assault in Illinois are severe and can result in decades of imprisonment for those convicted. Criminal sexual assault charges are all either Class X or Class 1 felonies, the two most serious classifications:

  • Class X Felonies ‒ Aggravated criminal sexual assault and predatory criminal sexual assault of a child are Class X felonies as defined in 730 ILCS 5/5-4.5-25. The penalty can include a sentence of six to 60 years in prison.
  • Class 1 Felonies ‒ Criminal sexual assault is a Class 1 felony as defined in 730 ILCS 5/5-4.5-30. The penalty can include a sentence of four to 30 years in prison.

Possible Defenses Against Rape Charges

Rape and criminal sexual assault charges are extremely serious. For this reason, it’s essential that you work with a skilled sex crime defense lawyer who can help you build a strong case for your innocence.

 

One of the most commonly used defenses in these cases is that the alleged victim consented to the sexual activity. Our attorneys may be able to demonstrate that this was the case through text messages between you and your accuser, eyewitness testimony, and other types of physical evidence.

 

You may also be the victim of a false accusation for various reasons. If the prosecution’s case relies heavily on the testimony of your accuser, our lawyers may be able to poke holes in the accuser’s credibility by pointing out inconsistencies in their statements. We may also be able to provide evidence of your innocence, such as an alibi.

 

Our lawyers can also help defend you by working to suppress evidence the prosecution plans to use. For example, if the police collected evidence through an illegal search and seizure, that may violate your Fourth Amendment rights, making the evidence inadmissible in court. Additionally, if the prosecutors plan to use DNA evidence against you, we may be able to call the chain of custody of that evidence into question.

Contact Our Criminal Defense Lawyers

If you are facing rape or criminal sexual assault charges in Missouri or Illinois, contact Frank & Juengel Law Group P.C. at (314) 725-7777 for a free phone consultation with an experienced criminal defense lawyer. During your initial consultation, we’ll review your case, explain the charges and penalties you’re facing, and go over some of the possible defenses.