Statutory Rape
Statutory rape
Are you facing statutory rape charges in Missouri or Illinois? Although you may not understand how you can face criminal prosecution for consensual sex, state law gives special protection to people under the age of consent.
A statutory rape conviction can have significant consequences for your freedom and reputation. Fortunately, you may have defenses under the facts of your case to fight a statutory rape charge. Don’t let one mistake define your future. Contact Frank & Juengel Law Group P.C., today for an initial case evaluation to discuss your legal options with an experienced sex crimes defense attorney
Understanding Statutory Rape
The offense of “statutory rape” refers to a person who engages in sexual conduct with a minor under the age of consent. Even if the minor agreed to participate in the sexual conduct, the law does not recognize their capacity to consent to sexual activity, rendering any such activity legally non-consensual. Each state has a different age of consent, or the age at which an individual gains the legal capacity to consent to sexual activity. States like Illinois and Missouri set their age of consent at 17. Thus, statutory rape laws focus on the minor’s age rather than standard sexual assault laws that focus on whether an alleged victim agreed to participate in sexual activity.
Under Illinois law, the offense of statutory rape falls under the state’s criminal sexual abuse laws. A person under criminal sexual abuse when they engage in sexual penetration or conduct with a minor between the ages of 13 and 16, and the person is less than five years older than the minor; a person under 17 also commits criminal sexual abuse when they engage in an act of sexual penetration or conduct with a minor between the ages of nine and 16. However, a person commits aggravated criminal sexual abuse when they engage in an act of sexual penetration with a minor between the ages of 13 and 17 and the person is at least five years older than the minor.
Missouri’s first-degree statutory rape statute makes it illegal to engage in sexual intercourse with a person under 14. A person 21 or older commits second-degree statutory rape in Missouri when they engage in sexual intercourse with a person under 17.
Penalties for a Statutory Rape Conviction
A first-degree statutory rape conviction in Missouri carries a penalty of 5 years to life imprisonment. However, the minimum term increases to 10 years if the offense qualifies as an aggravated sexual offense or the victim is under 12. Second-degree statutory rape qualifies as a class D felony, which carries a penalty of up to 7 years in prison.
In Illinois, aggravated criminal sexual abuse constitutes a Class 2 felony, which carries penalties of 3 to 7 years in prison and a potential fine of up to $25,000. Criminal sexual abuse qualifies as a Class A misdemeanor, which carries a penalty of up to 1 year in jail and a fine of up to $2,500.
People convicted of statutory rape must register as a sex offender, which involves having their registration information published on publicly accessible websites where anyone can see that a person has committed a sex offense. Having a criminal record with a statutory rape conviction can also make obtaining future employment, housing, or educational opportunities challenging, as a criminal record will likely appear in background checks for such opportunities.
Defenses in Statutory Rape Cases
A person facing a statutory rape charge may have various defenses to fight their prosecution. Some of the most common defense strategies in statutory rape cases include:
- Mistake of Fact – In some cases, a court may recognize a defense in which the defendant reasonably believed that their sexual partner was of the age of consent.
- Marriage – Missouri recognizes a marriage exception to statutory rape, barring prosecution for sexual activity that occurs between a lawfully married couple. However, Illinois eliminated the marriage exception to its sex crimes laws.
- Sufficiency of Evidence – A defendant may fight a statutory rape charge by arguing that the prosecution has insufficient evidence to prove that the defendant engaged in a sexual act with the alleged victim.
- “Romeo-and-Juliet” Defense – Missouri recognizes a “Romeo-and-Juliet” exception, also called the close-in-age exception, which excludes people under 21 from prosecution under the law when they engage in consensual sexual activity with a partner between the ages of 14 and 17. Although Illinois does not recognize a “Romeo-and-Juliet” defense to prosecution, the defense may convince a court to hand down a less severe sentence following a conviction.
How Can a Criminal Defense Attorney Help You with Statutory Rape Charges?
Even though statutory rape laws focus on the alleged victim’s age, hiring experienced legal counsel can make a difference in the outcome of your criminal case. A seasoned criminal defense attorney from Frank & Juengel Law Group P.C., can pursue a favorable resolution to statutory rape charges by:
- Thoroughly investigating your charges to recover all available evidence, as only an in-depth review of the facts can identify potential defenses and case strategies that may help you fight your charges
- Explaining your charges and the potential outcomes and preparing you for what to expect during your case so you can make informed decisions about rights and interests at each step
- Pursuing a vigorous defense throughout your case, including filing motions to exclude evidence or testimony or to dismiss your charges for lack of evidence
- Presenting a compelling defense to the judge and jury at trial to advocate for your innocence and pursue an acquittal or favorable sentencing
Why Choose Frank & Juengel Law Group P.C.
When statutory rape charges put your freedom and future on the line, your choice of legal representation can make a difference in the outcome of your case. Let the legal team at Frank & Juengel Law Group P.C., pursue the best possible outcome for your case. For years, clients have turned to us for help resolving sex charges and other criminal offenses because:
- The firm is a top defense firm in the region with extensive experience in sex offenses. The attorneys have handled hundreds of claims of sexual assault and have taken these cases to jury trial, with a full acquittal. Very few other attorneys in the country have this experience.
- Our attorneys have five-plus decades of combined legal experience defending people facing criminal charges. We have a proven record of securing favorable results for people facing statutory rape and other sex charges.
- We approach legal representation aggressively, preparing your case for trial to give you the best possible defense and every available option for resolving your charges. Prosecutors know they must take a case seriously when we represent the defendant. Our team won’t hesitate to take a case to trial when doing so can get you a favorable outcome.
- Your lawyer will take the time to explain your case and your legal options to help you make decisions for your best interests at each step in your case.
- Our principal attorneys have earned numerous recognitions for their outstanding work for clients, including the highest AV ratings from Martindale-Hubbell and listings in the Top 100 Trial Attorneys in Missouri by The National Trial Lawyers Association and in the Missouri “Super Lawyers” list
Contact a Sex Crimes Defense Lawyer Today
Don’t let a statutory rape charge or conviction adversely affect your life for years to come. Contact Frank, Juengel & Radefeld, Attorneys at Law P.C., today for a confidential consultation to learn how our experienced team of attorneys will fight to protect your rights, reputation, and future from the harshest consequences of an arrest or conviction for statutory rape.
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