If you’ve been charged with sexual assault offense in Missouri, the level of the offense of is critical importance to your defense. Missouri has several types of sexual assault crimes, with the grading of an offense determining the potential penalties that a convicted defendant may face.

Understanding Sexual Assault in Missouri

Missouri criminal law outlaws several forms of conduct that people might group under the term “sexual assault.” Specifically, Missouri has criminal statutes for rape, sexual misconduct, sexual abuse, and child molestation.

In Missouri, the rape statutes outlaw sexual intercourse with a person without that person’s knowledge or consent or by forcing that person to engage in sexual intercourse. The sexual abuse statutes cover subjecting another person to sexual contact without their knowledge or consent or through force. Sexual misconduct in Missouri occurs when a person exposes their genitals or engages in sexual contact or intercourse under conditions they know would likely alarm or offend others. Finally, a person commits child molestation in Missouri by subjecting a minor under 14 to sexual contact.

Levels of Sexual Assault in Missouri

Rape, sexual abuse, and sexual misconduct offenses in Missouri each have two degrees of severity. Child molestation has four degrees of severity. The levels of sexual assault in Missouri include:

• Rape in the first degree: An individual commits first-degree rape if they have sexual intercourse with an incapacitated person or a person incapable of consent or if they use forcible compulsion to engage in sexual intercourse with another person.
• Rape in the second degree: An individual commits second-degree rape by knowingly having sexual intercourse with another person without that person’s consent.
• Sexual abuse in the first degree: An individual commits first-degree sexual abuse if they subject another an incapacitated person or a person incapable of consent to sexual contact or use forcible compulsion to subject another person to sexual contact.
• Sexual abuse in the second degree: An individual commits second-degree sexual abuse if they subject another person to sexual contact without that person’s consent.
• Sexual misconduct in the first degree: An individual commits first-degree sexual misconduct by exposing their genitals under circumstances that they know will likely offend or alarm others, having sexual conduct in the presence of a third party under circumstances that they know will likely offend or alarm that third party, or having sexual intercourse in a public place in the presence of a third party.
• Sexual misconduct in the second degree: An individual commits second-degree sexual misconduct if they solicit or request another person to engage in sexual conduct, knowing that such a request or solicitation will offend or alarm the other person.
• Child molestation in the first degree: An individual commits first-degree child molestation by subjecting a child under 14 to sexual contact under circumstances that constitute an aggravated sexual offense.
• Child molestation in the second degree: An individual commits second-degree child molestation by subjecting a child under 12 to sexual contact or subjecting a child under 17 to sexual contact under circumstances that constitute an aggravated sexual offense when the perpetrator is four or more years older than the child.
• Child molestation in the third degree: An individual commits third-degree child molestation by subjecting a child under 14 to sexual contact.
• Child molestation in the fourth degree: An individual commits fourth-degree child molestation by subjecting a child under 17 to sexual contact under circumstances when the perpetrator is four or more years older than the child.

Aggravating Factors That Can Elevate Sexual Assault Charges

For most of Missouri’s sexual assault laws, the factors that can elevate the grading of the charge include committing the act against an incapacitated victim or a victim incapable of giving consent to partaking in the sexual act. Using force to commit the act upon the victim can also increase the grading of the offense. Higher-graded sexual assault charges impose much harsher penalties, including longer prison terms and higher fines.

Defenses to Sexual Assault Charges

A person charged with a sexual assault offense in Missouri may assert various defenses to fight the prosecution’s case, such as:

• Consent: A defendant may assert that the alleged victim consented to the sexual act (and had the legal and physical capacity to do so).
• Lack of intent: Some sexual assault crimes require a defendant to have acted “knowingly” concerning some elements of the crime.
• Mistaken identity/alibi: A defendant may challenge the reliability of a victim’s or witness’s identification or present alibi evidence to prove they were elsewhere when the alleged sexual assault occurred.
• Unreliable forensic evidence: Defendants may also contest the reliability of the prosecution’s forensic evidence that purportedly links the defendant to the crime.

Contact a Criminal Defense Lawyer Today

A sexual assault defense attorney from Frank & Juengel Law Group P.C. can explain Missouri’s sexual assault laws to you and formulate an effective case strategy on your behalf. Contact us today for a confidential consultation with our legal team to discuss your options for pursuing a favorable outcome to your charges.