2nd Degree Rape Lawyer Kansas City, MO

2nd Degree Rape in the Missouri Revised Statutes

The Missouri Revised Statutes contain the following offenses categorized as second-degree rape.

2nd Degree Rape

Second-degree rape covers non-consensual sexual intercourse in circumstances outside of those covered by first-degree rape.

Prosecutors generally charge certain cases as first-degree rape. Any time the accused allegedly overpowered, restrained, or drugged the victim, for instance, the prosecution will likely pursue first-degree rape charges. Similarly, any time the alleged victim is a minor, prosecutors will typically seek the harsher penalties of the first-degree charge.

That said, some cases straddle or fall below the line separating first-degree and second-degree rape.

For example, suppose that the alleged victim is tipsy but not blackout drunk. Prosecutors might file second-degree instead of first-degree charges under the theory that the alleged victim didn’t consent but wasn’t legally incapacitated.

Another example occurs when the alleged victim is asleep. As a rule, someone who is sleeping can’t give consent. If the victim wakes up and tells the accused to stop, prosecutors may file second-degree rape charges.

The gray area between first-degree and second-degree rape provides a golden opportunity for criminal defense lawyers. Prosecutors frequently overcharge people accused of non-consensual sex. In many cases, a skilled defense lawyer can negotiate a plea deal that includes a charge reduction.

2nd Degree Statutory Rape

Second-degree statutory rape happens when someone 21 or older has sexual intercourse with someone under 17. By implication, this offense sets the state’s age of consent at 17. Consequently, at 17, second-degree statutory rape charges no longer apply, regardless of the other person’s age.

That doesn’t mean consent is presumed beyond age 17. Non-consensual sex with someone 17 or older can still trigger first- or second-degree rape charges. However, at this age, the person has the legal capacity to consent, meaning consensual sexual intercourse is possible.

Another feature of Missouri’s second-degree statutory rape statute is that it includes a so-called “Romeo and Juliet exception.” Someone under 21 can’t be charged with second-degree statutory rape for having sex with an underage person. However, someone under 21 can face first-degree statutory rape charges if the other person is under 14.

Thus, the Romeo and Juliet exception only applies when one person is between 14 and 21 and the other person is between 14 and 17. For instance, two 15-year-olds can lawfully have sex without either facing statutory rape charges.

Finally, second-degree rape and second-degree statutory rape charges aren’t mutually exclusive. If prosecutors have a factual basis, they can charge you with both.

For example, suppose that you’re accused of having sexual intercourse with a drunk 16-year-old. Prosecutors could file second-degree rape charges because the alleged victim was drunk as well as second-degree statutory rape charges because of the alleged victim’s age.

Possible Defenses Against 2nd Degree Rape Charges in Kansas City, MO

When you hire an attorney to defend you, they may use any of the following criminal defense strategies to challenge your charges.

Consent

Consent is a key concept for determining whether sexual intercourse is lawful. A person can manifest their consent or lack of consent through their words or actions. Consent means the person understood what they were agreeing to and had the mental capacity to make a reasonably informed decision to engage in the sex act.

Consent is a viable defense to second-degree rape. It can even be a defense to second-degree statutory rape if the alleged victim is 14 or older.

Mistake as to Age

While a mistake as to age isn’t a valid defense to first-degree statutory rape, it may be a defense to second-degree statutory rape. However, this assertion requires your lawyer to prove that the mistake was reasonable.

Factors that might affect the reasonableness of such a mistake include the other person lying about their age, presenting a fake ID, or drinking in a bar.

Mistaken Identity or False Accusation

Rape allegations sometimes point to the wrong person. For example, the alleged victim might misidentify you as the perpetrator due to intoxication or a memory lapse. Accusations can also arise from a genuine mistake.

However, false accusations can also result from an intentional misrepresentation to the police. Shame, regret, and even vengeance can all motivate a fraudulent report.

Whatever the case, we can seek out alibi evidence, such as witnesses who saw you somewhere else when the offense allegedly occurred. Our team can also use forensic analysis, such as DNA testing and forensic medical examination results, to show that the physical evidence points to someone other than you.

Penalties for 2nd Degree Rape in Kansas City, MO

The penalties for second-degree rape and second-degree statutory rape can include a prison term. Since it’s a Class D felony, a judge may also sentence the offender to probation instead of prison. However, the most severe penalty associated with this offense is sex offender registration.

Second-degree rape and second-degree statutory rape are considered Tier III offenses, which require the offender to be sentenced to lifetime registration as a sex offender. If they avoid any repeat sex offenses, they may have their registry commitment reduced to 25 years.

To summarize, the sentence for second-degree rape and statutory rape is as follows: