Rape Defense Lawyers, Claycomo, MO. Rape accusations carry a lot of stigma, and the charges have some of the harshest penalties in Missouri. Being accused can feel like a hopeless situation.
But it’s not. Accusations and indictments are not guilty outcomes. And Combs Waterkotte is here to battle against those outcomes.
We protect Claycomo, MO, residents’ rights and give them a proper case against any criminal charges. We’re free to give you a consult on your case today—talk to us at (314) 900-HELP or use our online form any time, day or night.
We are here to help, not to judge. Our rape and sexual assault defense lawyers will listen to your side of the story and build a defense around it. Reach out online or dial (314) 900-HELP for help 24/7.
Why You Need Combs Waterkotte’s Rape Defense Attorneys:
When you’ve been charged with a sex crime in Claycomo, MO, you need a team of rape defense lawyers before you do anything else in your case. If you don’t hire an attorney, you’re potentially looking at the following:
- Prison Time. Second-degree rape and sodomy charges all carry prison sentences of up to 7 years, while the harsher first-degree charges can be as harsh as life sentences.
- Losing Your Rights. In Missouri, felons lose several significant rights, including the right to vote, the right to possess a gun, and certain employment rights. Depending on your situation, your parental rights may also be affected.
- Sex Offender Registration. If you’re convicted of rape, your name will likely be put on a public sex offender registry.
- Career Consequences. You can be fired just for being accused of rape.
When you see the penalties for sexual assault in Missouri, they can be overwhelming. Because of this, you’ll need to bring in Claycomo, MO, rape defense lawyers fast. And Combs Waterkotte is prepared for your case.
Here’s what we bring to the table when building your rape/sexual assault defense:
- A client-centered approach because it’s important to fully know your side of the story before building a defense.
- An accomplished group of rape defense lawyers who have handled thousands of cases, several just like yours.
- A staunch defense that is ready for trial should your case go that far.
- Effective, working relationships with the state, which we lean on to come up with a plea deal if that can effectively protect your interests.
Don’t give the state a chance to build a case you can’t defend against—get a hold of us now at (314) 900-HELP to get in touch with one of our rape defense lawyers today.
Legal Videos
What Penalties Apply To Federal Sex Crime Convictions?
What Penalties Apply To Federal Sex Crime Convictions? Andrew Russek and Chris Combs from Combs Waterkotte federal criminal defense firm discuss potential penalties related to federal sex crime …
Do Federal Sex Crimes Require Sex Offender Registration?
Do Federal Sex Crimes Require Sex Offender Registration? Andrew Russek, a lawyer with leading federal criminal defense firm Combs Waterkotte, discusses the sex offender registry and federal sex …
What Makes A Sex Crime Federal Rather Than State?
What Makes A Sex Crime Federal Rather Than State? Andrew Russek and Chris Combs of Combs Waterkotte discuss factors that play into a sex crime being classified as federal, rather than …
What Are Federal Sex Crime Charges?
What Are Federal Sex Crime Charges? Chris Combs and Andrew Russek of Combs Waterkotte discuss the most common federal sex crime charges. Interview Transcript Scott Michael Dunn: Well, let's …
Everything You Need To Know About Federal Criminal Charges
Featured on Hexxen Studios, Chris Combs and Andrew Russek sat down to talk about federal criminal charges. In this video, you can learn about different types of federal charges, how they differ …
What Happens When You Are Wrongfully Accused of a Sex Crime?
What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …
What Penalties Apply To Federal Sex Crime Convictions?
What Penalties Apply To Federal Sex Crime Convictions? Andrew Russek and Chris Combs from Combs Waterkotte federal criminal defense firm discuss potential penalties related to federal sex crime …
Do Federal Sex Crimes Require Sex Offender Registration?
Do Federal Sex Crimes Require Sex Offender Registration? Andrew Russek, a lawyer with leading federal criminal defense firm Combs Waterkotte, discusses the sex offender registry and federal sex …
What Makes A Sex Crime Federal Rather Than State?
What Makes A Sex Crime Federal Rather Than State? Andrew Russek and Chris Combs of Combs Waterkotte discuss factors that play into a sex crime being classified as federal, rather than …
What Are Federal Sex Crime Charges?
What Are Federal Sex Crime Charges? Chris Combs and Andrew Russek of Combs Waterkotte discuss the most common federal sex crime charges. Interview Transcript Scott Michael Dunn: Well, let's …
Everything You Need To Know About Federal Criminal Charges
Featured on Hexxen Studios, Chris Combs and Andrew Russek sat down to talk about federal criminal charges. In this video, you can learn about different types of federal charges, how they differ …
What Happens When You Are Wrongfully Accused of a Sex Crime?
What happens when you are wrongfully accused of a sex crime? Episode Transcript Steve Waterkotte: Right. And you'll see sometimes, and I've had cases, where you had two individuals …
Defensive Tactics Our Attorneys Use Versus Claycomo, MO Rape Charges:
Our Claycomo rape defense lawyers have intense knowledge of Missouri rape and sexual assault laws, and effective ways to fight against them:
- Consent: In some rape cases, the question is not whether sexual activity occurred, but whether it was consensual.
- Alibi: In cases of mistaken identity or outright false allegations, an alibi can prove that you were elsewhere at the time.
- Physical Evidence: Evidence can make or break a case. Whether it’s DNA, injury reports, communication records, or something else.
- Fourth Amendment or Fifth Amendment Rights Violations: Sometimes, something goes wrong with the state’s investigation or how they handle the evidence—that can lead to it being thrown out for rights violations.
Your case needs a custom-designed strategy to give you the best possible odds at a positive outcome. At Combs Waterkotte, we construct the finest defense possible for your circumstances and will tell you what outcomes we think are realistically achievable for you, and how best to get there.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Claycomo, MO?
If you had to define rape, the image that comes to mind is probably that of forcible rape. But Missouri rape law has multiple different categories of rape, and categorizes certain acts as sodomy instead of rape.
We’ve outlined the different Claycomo, MO, criminal charges you could be actually charged with when someone accuses you of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as having sex with another person who is incapable of consent, or compelling them to engage in sexual intercourse through force (this also includes giving them substances without their knowledge).
This is the bar against which other charges are measured
Second Degree Rape:
Second Degree Rape is defined in RSMo § 566.031 as engaging in sexual intercourse with someone when you know you don’t have their consent.
This is different from first-degree rape in that the alleged victim is capable of consenting, but states that they did not.
First Degree Statutory Rape:
First Degree Statutory Rape is defined in RSMo § 566.032 as an adult engaging in sexual intercourse with someone younger than fourteen.
What makes this different from first-degree rape is that the alleged victim could have voluntarily agreed to have sex (this would not count as consent, legally).
Second Degree Statutory Rape:
Second Degree Statutory Rape is defined in RSMo § 566.034 as an adult over the age of twenty-one engaging in sexual intercourse with someone under the age of seventeen.
Statutory rape degrees are distinguished by the age of the alleged victim and offender. It’s also important to be aware that Missouri has special laws specifically in regards to sex with individuals from fourteen to sixteen.
First Degree Sodomy:
First Degree Sodomy is defined in RSMo § 566.060 as participating in either oral, anal, or digital sex with an individualor otherwise penetrating that person, and this is done while the alleged victim is unable to consent, or is made to do so by force.
You may notice that the language for this statute is nearly identical to that of first-degree rape; the only difference is the alleged type of act performed.
Second Degree Sodomy:
Second Degree Sodomy is defined in RSMo § 566.061 as participating in either oral, anal, or digital sex with a person or otherwise penetrating a person, when the alleged victim states that they did not give consent.
As with second-degree rape, what distinguishes second-degree from first-degree degree sodomy is that the alleged victim was able to consent, but did not for that instance/act.
While the details of the alleged crime and the penalties all vary, one common trend is the lack of consent. Missouri defines consent for sexual activity as an affirmative, voluntary agreement to engage in sexual activity from both individuals who are capable of giving consent. Ensuring that everyone gives consent is important before proceeding with any sexual action.
Our Claycomo rape defense lawyers will build a defense for you for any of the charges listed above, and any other sexual assault allegations you may be up against.
Common Claycomo, MO Misconceptions About Rape:
“You can only be arrested for rape in Claycomo if there’s physical evidence.”
The Reality: While a lack of physical evidence against you can make it harder for a prosecutor to convict you, if the police have probable cause (which only has to be alleged victim testimony), they can make an arrest.
“You don’t need a lawyer if you’re innocent.”
The Reality: You always need a team of rape defense lawyers on your side, whether you’re innocent or guilty. You don’t want to face a complex legal system alone or make a mistake that unintentionally makes you look guilty.
“You can’t have sex with someone younger than 17 in Missouri.”
The Reality: While the age of consent in Missouri is 17, the state does have ‘Romeo and Juliet’ laws which legalize sex between someone aged 14-16 and another person up to four years older.
“A person can’t consent if they’ve had something to drink.”
The Reality: There are some situations where it is impossible for someone to give consent (most notably if they are unconscious), however, there isn’t a legal definition of how drunk is too drunk to consent. That said, if there’s ever a question as to someone’s ability to consent, don’t have sex.
Combs Waterkotte Protects Against Rape Charges in Claycomo, MO. Combs Waterkotte Will Defend You.
A rape allegation can throw your life into disarray. And fighting against it on your own is hard. But you are one call away from Missouri’s leading criminal defense lawyers. You can have Combs Waterkotte fighting for your rights.
We don’t charge by the hour, so you can get in touch with us 24/7 if you need something for your case. Our rape defense lawyers offer high-quality legal expertise to all of our clients. And we want to deliver you the best possible outcome.
Speak with one of our representatives today at (314) 900-HELP or tell us about your case online for a no-obligation, confidential consultation.
