Second Degree Sodomy Lawyer St. Louis

Second Degree Sodomy Attorneys in St. Louis, MO

At Combs Waterkotte, we know just how overwhelming it can be to face a second degree sodomy charge in St. Louis, Missouri. Second degree sodomy is charged as a felony in St. Louis, a conviction for which can come with the loss of certain civil rights, prison time, and high fines. The defendant’s future, career, and reputation are at stake.

We also understand that sodomy charges carry a social stigma. But, as criminal defense lawyers, we don’t pass judgement. We’re here to help our clients and build them the best legal defense possible — and that’s what we’ll do for you.

We start with a consultation to understand your side of the story. We then take those details and immediately start strategizing a criminal defense to protect your constitutional rights, your career, and your future. We’re also ready to answer any questions that may be causing you stress.

If you’re ready to start building your defense and safeguarding your future against your St. Louis second degree sodomy charges, reach out to Combs Waterkotte online or give us a call today at (314) 900-HELP. Don’t wait too long, though, because the prosecution is already working on their case against you.

What Is Second Degree Sodomy in St. Louis?

Second degree sodomy is one of the most serious sex crimes in St. Louis under Missouri law. While first degree sodomy charges are more complex and carry harsher penalties, second degree sodomy charges should still not be taken lightly.

According to RSMo §566.061, sodomy in the second degree is defined as having deviate sexual intercourse with someone else without that person’s consent (and knowing that they can’t consent).

That begs the question: What is “deviate sexual intercourse?” Under RSMo §566.010, deviate sexual intercourse is:

• Sexual contact involving a person’s genitals and another’s mouth, hand, tongue, or anus
• Penetration of the genitals or anus by a finger, object, or instrument for sexual gratification

It’s also important to understand how Missouri law defines consent. Again, RSMo §566.061 tells us:

• Someone cannot consent if they:
  • Lack the mental capacity to understand the situation
  • Are too young to legally consent
  • Are impaired by intoxication, drugs, or a mental condition and cannot reasonably judge the situation
• Agreement obtained through force, threats, or coercion is not consent
• Agreement obtained through deception or manipulation is not consent

In sum, the combination of deviate sexual intercourse and a lack of consent constitute second degree sodomy in St. Louis, Missouri.

What Are the Penalties for Second Degree Sodomy in St. Louis?

Under RSMo §566.061, second degree sodomy is a Class D felony in St. Louis. A Class D felony carries a penalty of up to 7 years in prison. On top of prison time, a felony conviction in Missouri comes with the loss of certain civil rights, as well as personal and professional consequences:

• Loss of voting rights: Individuals serving a felony prison sentence in St. Louis cannot vote until they complete their sentence
• Loss of firearm rights: Both federal law and Missouri law prohibit individuals convicted of felonies from owning or possessing firearms
• Inability to serve on a jury: A felony conviction disqualifies a person from serving on a jury in St. Louis
• Inability to hold public office: Missouri law bars those with a felony conviction from from running for or holding elected public office
• Employment barriers: A felony conviction may appear on a background check and limit job opportunities in St. Louis, especially in fields involving children, healthcare, education, or government work
• Professional licensing restrictions: Individuals with felony convictions in St. Louis may have trouble obtaining or maintaining professional licenses, especially in healthcare, finance, real estate, or law
• Housing limitations: Many landlords and housing authorities in St. Louis conduct background checks that can make it harder to secure housing after a felony conviction
• Immigration consequences: For non-citizens in St. Louis, a felony sex offense may result in denial of visas, deportation, or ineligibility for naturalization
• Orders of protection: A second degree sodomy conviction in St. Louis may result in an order of protection, legally preventing contact with the alleged victim
• Restrictions on child custody or visitation: St. Louis courts may limit custody or visitation rights when a parent has been convicted of a serious sex crime

Does a Second Degree Sodomy Conviction Require Sex Offender Registration in St. Louis?

A second degree sodomy conviction in St. Louis does require the convicted individual to register as a sex offender in Missouri. RSMo §589.400 lays out three levels to the Missouri sex offender registry:

• Tier I sexual offenders must remain registered for 15 years
• Tier II sexual offenders must remain registered for 25 years
• Tier III sexual offenders must remain registered for life

According to RSMo §589.414, second degree sodomy is a tier III sexual offense and requires registry for life. RSMo §589.401 does mention that individuals convicted of second degree sodomy can be removed from the sex offender registry after 25 years, provided they were not convicted of forcible sodomy and meet the following requirements:

• The must not commit any additional sexual offenses
• They must not commit any felonies
• The must successfully complete probation or parole
• They must have complied with all sex offender registry requirements (including Sex Offender Rehabilitation and Treatment Services (SORTS) requirements)

Criminal Defense Strategies Against Second Degree Sodomy in St. Louis

While second degree sodomy is a charge for which St. Louis prosecutors tend to pursue convictions aggressively, there are still some very powerful criminal defense strategies against it, including:

• False allegations: In some second degree sodomy cases, accusations may arise from misunderstandings, personal disputes, custody conflicts, or attempts at retaliation. A defense attorney may investigate the circumstances behind the allegation and challenge the credibility of the claim.
• Insufficient evidence: Prosecutors must prove every element of the case beyond a reasonable doubt, including deviate sexual intercourse and a lack of consent. If there’s a lack of physical evidence, unreliable testimony, or gaps in the prosecution’s case, second degree sodomy charges may be tough to prove.
• Mistaken identity: If the alleged victim or witnesses incorrectly identify the defendant, an attorney may be able to present evidence to show that the accused was not involved in the incident.
• Improper police investigation: If law enforcement failed to collect or preserve evidence properly, ignored alternative explanations, or conducted a flawed investigation, those errors may undermine the prosecution’s case.
• Fourth Amendment violations: Evidence obtained through an unlawful search or seizure may be suppressed. If key evidence was collected without a valid warrant or probable cause, it may be excluded.
• Fifth Amendment or Miranda violations: If police obtained statements without properly advising the accused of their rights, those statements may be ruled inadmissible in court.
• Challenging witness credibility: In second degree sodomy cases that rely heavily on witness testimony, a defense attorney may highlight inconsistencies, conflicting statements, or motivations that could call a witness’s reliability into question.
• Alibi: Demonstrating that the accused was somewhere else at the time of the alleged second degree sodomy offense can be a very powerful criminal defense.
• Forensic evidence challenges: DNA evidence, medical examinations, or other forensic findings may be challenged if testing procedures were flawed or if the evidence does not conclusively support the accusation.

What to Do If You’re Facing Second Degree Sodomy Charges in St. Louis

Due to the serious nature of second degree sodomy charges in St. Louis, it’s important that you do everything in your power to protect yourself from legal repercussions and strengthen your criminal defense. Combs Waterkotte recommends the following steps for anyone facing second degree sodomy charges:

• Exercise your right to remain silent: Do not answer any questions from law enforcement without an attorney present. Anything you say to police can and will be used against you in court.
• Contact an experienced second degree sodomy lawyer immediately: A lawyer who understands the specifics of St. Louis sex crimes can protect your rights, review evidence, and guide you through the entire legal process.
• Avoid contact with the alleged victim: Attempting to contact the alleged victim, either directly or through someone else, can lead to additional charges or violate court orders.
• Preserve potential evidence: Save text messages, emails, social media communications, location data, or any other records that may help clarify the events or support your defense.
• Do not discuss your case with anyone: Conversations with friends, family members, or social media posts can potentially become evidence in your case. It’s best to discuss the details with your attorney only.
• Follow all court orders and bond conditions: If you are released on bond, make sure you comply with any restrictions. These may include travel limits, orders of protection, or court appearance requirements.