St. Louis Rape Defense Lawyer
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Crimes of rape and incest are tried to the highest extent of the law. In Missouri, a person found guilty of rape is considered a "persistent sexual offender" and is subject to life in prison. Rape is considered to be any forceful sexual intercourse by one or more persons against another person without his or her consent. The act can be committed by physical force or by coercion, manipulation or abuse of authority.
Unwarranted allegations of rape and sexual assault can lead to false or unfair conviction. The number of unfounded rape claims has been on a steady rise over the last 10 years, consequently increasing the risk of an innocent person being falsely convicted.
§ 566.030 – Rape in the First Degree
According to § 566.030 of the Missouri Revised Statutes,
A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
The penalty for first degree rape is five years to life imprisonment. Some more severe rape charges carry mandatory minimum sentences of 15 years or 30 years in prison.
§ 566.031 – Rape in the Second Degree
According to § 566.031 of the Missouri Revised Statutes,
1. A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person, knowing that he or she does so without that person's consent. 2. The offense of rape in the second degree is a class C felony.
Legal Defenses Against Rape Allegations
The following are the common legal defenses to rape charges:
- Consent: The defendant argues that the sexual activity was consensual, presenting evidence like communications, previous relationship history, or witness testimony. This defense aims to show that the alleged victim agreed to the encounter. The defense might introduce texts, emails, or other forms of communication that indicate consent.
- False Allegation: The defense claims the accusation is fabricated, often suggesting motives like revenge or financial gain. This involves questioning the accuser's credibility and presenting evidence of inconsistencies in their story. The defense might highlight the lack of physical evidence or suggest alternative reasons for the accusation.
- Mistaken Identity: The defendant asserts that they were wrongly identified as the perpetrator. This defense involves presenting an alibi or DNA evidence to prove the defendant was not at the scene. It focuses on showing that someone else committed the crime.
- Lack of Evidence: The defense argues that the prosecution has not provided enough proof for a conviction. This involves pointing out gaps in the evidence, such as unreliable witness testimony or insufficient physical evidence. The aim is to create reasonable doubt about the defendant's guilt.
- Mental Incapacity or Insanity: The defendant claims they were not mentally capable of understanding their actions at the time. This defense requires expert testimony from mental health professionals and evidence of the defendant's mental health history. It seeks to show that the defendant could not form the intent necessary for the crime.
- Intoxication: The defendant argues they were too intoxicated to form the intent required for rape. This defense is weak because voluntary intoxication is rarely accepted as an excuse for criminal behavior. However, it might be used to challenge the prosecution's assertion of intent.
- Statutory Defense: In statutory rape cases, the defendant argues they reasonably believed the victim was of legal age. Evidence might include the victim's appearance, behavior, or statements about their age. This defense aims to show that the belief was reasonable under the circumstances.
- Duress or Coercion: The defendant claims they were forced to commit the act under threat. This defense requires evidence that the defendant faced immediate danger and had no reasonable way to escape. It aims to show that the defendant acted out of necessity to avoid harm.
- Mistake of Fact: The defendant believed the victim consented due to a misunderstanding. This defense hinges on demonstrating that the belief was reasonable. It might involve evidence that the victim's actions or words led the defendant to believe there was consent.
Determining the appropriate legal defense in a rape case is a complex and critical task that requires a lawyer to carefully analyze various factors. This process involves a thorough examination of the evidence, including forensic reports, witness statements, and the circumstances surrounding the alleged incident. Your attorney must also consider your account, any potential alibis, and the credibility of the accuser.
By evaluating the strengths and weaknesses of the prosecution's case, and understanding the legal standards and defenses available, our team can formulate a defense strategy tailored to the specific details of the case. This meticulous approach ensures that the defense presented is both robust and strategically sound, aiming to protect your rights and achieve the best possible result in your case.
Do You Need a Missouri Criminal Defense Lawyer?
If you have been falsely accused of rape, the first thing you should do is contact a sex crime lawyer who handles these difficult cases in St. Louis and other Missouri Counties, and therefore knows how local courts attempt to gain convictions. JMH Law Firm, LLC is here to defend you until the very end of your case. We can also petition for the most favorable outcome on your behalf in the event that a conviction is made. Our sex crime defense attorneys believe in defending the rights and interests of our clients and we aren't willing to back down in a difficult situation. Call our firm today to discuss your situation with a St. Louis criminal lawyer who can serve as your legal advocate.
Don't face rape allegations without an experienced St. Louis sex crime attorney. JMH Law Firm, LLC is here and ready to hear about your situation. Fill out one of our free online case evaluation forms to get in touch with us regarding your defense.
