Incest Defense Lawyer in St. Louis

Why You Need a St. Louis Incest Defense Lawyer Immediately

• Missouri aggressively prosecutes incest cases—even consensual relationships can lead to felony charges.
• A conviction can result in prison time, heavy fines, and mandatory sex offender registration.
• Incest charges are often accompanied by additional sex crime charges, increasing potential penalties.

What is Incest in Missouri?

Incest is a serious felony offense under Missouri law (RSMo §568.020). It occurs when a person marries or engages in sexual intercourse with a close relative, regardless of whether both individuals consented to the relationship.

Missouri law does not recognize consent as a defense, meaning that even if both parties are legal adults, they can still be criminally prosecuted.

Who Can Be Charged With Incest?

Under Missouri law, incest applies to sexual intercourse between closely related individuals, including:

• Parents and children (biological or adoptive)
• Siblings (full or half-siblings)
• Grandparents and grandchildren
• Aunts, uncles, nieces, and nephews

Incest laws are intended to prevent familial exploitation, coercion, and power imbalances, which is why Missouri does not allow a "consenting relationship" defense—unlike some other crimes, where mutual agreement could be a mitigating factor.

Understanding Missouri's Strict Approach to Incest Cases

• Consent Does Not Matter – In some criminal cases, consent can impact the charges or penalties, but Missouri incest laws apply regardless of mutual agreement.
• Prosecutors Take These Cases Seriously – Even if there is no coercion, force, or abuse involved, prosecutors pursue incest cases aggressively, often treating them as sex crimes with additional charges.
• Family Dynamics Can Complicate Cases – Accusations of incest may arise from family disputes, divorces, custody battles, or inheritance conflicts. In some situations, one party may falsely claim incest out of anger or revenge.

Penalties for Incest in Missouri

Incest is a Class E felony under Missouri law, carrying severe legal and social consequences. A conviction can lead to prison time, steep fines, and lifelong consequences, including mandatory sex offender registration in many cases.

Legal Penalties for an Incest Conviction

• Up to 4 years in prison
• Fines up to $10,000
• Probation or parole may be possible, but only if you have never previously been convicted of another sex crime
• Mandatory sex offender registration, which can impact employment, housing, and personal freedoms

When Incest Charges in St. Louis Can Lead to Even Harsher Penalties

While incest alone is a Class E felony, additional charges may increase the penalties significantly. Prosecutors often stack charges, leading to more serious consequences, such as:

• Statutory Rape (RSMo §566.032, §566.034) – If one party is underage, incest charges can be combined with statutory rape, which carries a much longer prison sentence.
• Sexual Abuse (RSMo §566.100, §566.101) – If force, coercion, or exploitation is alleged, incest charges may be escalated to sexual abuse, increasing the severity of penalties.
• Child Endangerment (RSMo §568.045) – If minors were exposed to or involved in any way, defendants could face additional felony charges.
• Forcible Rape or Sodomy (RSMo §566.030, §566.060) – If the prosecution alleges lack of consent or coercion, charges can be upgraded to forcible sex crimes, which carry life sentences.

A conviction can follow you for life. If you’re facing incest charges, call Combs Waterkotte at (314) 900-HELP for a confidential case evaluation.

Defenses Against Incest Charges in St. Louis

An incest charge in Missouri is a serious felony offense, but being accused does not mean you are guilty. The prosecution must prove beyond a reasonable doubt that the crime occurred as alleged. A skilled defense attorney can use several strategies to challenge the case and fight for dismissal, acquittal, or reduced charges.

1. False Allegations & Family Disputes

Incest charges often stem from personal conflicts, including divorce, custody battles, inheritance disputes, or revenge motives.

In some cases, a family member may fabricate allegations to gain leverage in a legal or personal dispute.

Defense Strategy: We investigate motive, inconsistencies in testimony, and prior conflicts to expose false accusations.

2. Lack of Evidence

The prosecution must prove that sexual intercourse occurred between the accused and a close relative.

Many incest cases lack forensic evidence such as DNA or eyewitness testimony.

Defense Strategy: If the case relies solely on accusations with no physical evidence, we challenge the credibility of the claims and demand proof beyond reasonable doubt.

3. The Alleged Act Never Happened

The prosecution must prove that sexual intercourse actually took place.

In some cases, an accuser may misinterpret a situation, exaggerate a relationship, or fabricate details due to pressure from others.

Defense Strategy: We scrutinize statements, evidence, and inconsistencies to show that the alleged act never occurred.

4. Constitutional Rights Violations

If law enforcement violated your rights during the investigation, key evidence may be thrown out in court.

Common rights violations include:

• Unlawful search & seizure – If evidence was gathered without a warrant or legal justification.
• Coerced confessions – If police pressured or tricked the accused into making a statement.
• Failure to inform you of your rights (Miranda violations)

Defense Strategy: If your rights were violated, we file motions to suppress evidence, weakening the prosecution’s case.

6. No Criminal Intent (Unknowing Violation of the Law)

While rare, an incest charge may result from a person being unaware of their familial relationship—such as in cases of adoption, long-lost relatives, or artificial insemination errors.

Defense Strategy: If there was no knowledge of the familial connection, we may argue lack of intent to commit a crime.