Rape Defense Lawyers, Claycomo, MO. Rape allegations are hard to handle, and Missouri law treats people convicted of rape severely. Being accused can feel like your life is over.
But it’s not. Accusations and charges are not guilty outcomes. And Combs Waterkotte is here to fight to protect you from negative outcomes.
We defend Claycomo, MO, residents’ right to due process and give them a proper case against all criminal charges. We’re free to give you a consult on your case today—give us a call at (314) 900-HELP or fill out our contact form online now.
You need a leading defense attorney. Our rape and sexual assault defense attorneys will be in your corner from day one. Contact us online or call (314) 900-HELP for 24/7 support.
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Why You Need Combs Waterkotte’s Rape Defense Attorneys:
If you’ve been accused of sexual assault or rape in Claycomo, MO, you need help from expert rape defense lawyers before you talk to anyone. Should you not hire anyone, you’re up against the following:
- A Prison Sentence. The second-degree offences listed below can carry prison sentences of up to 7 years, while the harsher first-degree charges can go as far as life without parole.
- 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. It can also affect your parental rights.
- 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 lose your job even before a conviction.
When you see the penalties for sexual assault in Missouri, it’s easy to feel overwhelmed. This is why it’s critical that you hire Claycomo, MO, rape defense lawyers fast. And Combs Waterkotte is prepared to protect you.
We take pride in offering the following when crafting your rape/sexual assault defense:
- A client-centered approach where we take the time to get to know you personally and fully understand your story.
- An accomplished group of rape defense lawyers who have helped clients in thousands of cases, several just like yours.
- A strong defense that is prepared for trial should your case go that far.
- Strong relationships with prosecutors across the state, which we can use to negotiate a plea deal if that can effectively protect your interests.
Don’t wait while the prosecution builds a case against you—call us now at (314) 900-HELP to speak 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 …
Defense Strategies Our Lawyers Use Against Claycomo, MO Rape Charges:
Our team of Claycomo rape defense lawyers have intense knowledge of Missouri rape and sexual assault laws, and effective strategies to defend against related charges:
- Consent: In some rape cases, rather than being centered around whether or not the two parties had sex, the question is on consent, whether it was given or not, and whether it was freely given or not.
- 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 build the most powerful defense possible for your situation and will give you honest, helpful advice on how to move forward.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Claycomo, MO?
If someone asked you to describe rape, the first thing that comes to mind is probably forcing someone to have sex against their will. But Missouri rape law separates out two categories of rape, and distinguishes sodomy as a separate offense.
We’ve outlined the different Claycomo, MO, criminal charges you could be facing when someone accuses you of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as engaging in sex with someone who is unable to consent, or compelling them to engage in sexual intercourse through force (this also includes drugging them while they are unaware).
First-degree rape is the main criminal charge that most people think of when they hear “rape.”
Second Degree Rape:
Second Degree Rape is defined in RSMo § 566.031 as having sex with another person who does not consent, and you’re aware that they do not.
This is distinguished from first-degree rape in that the alleged victim had the ability to consent, but claims 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.
As opposed to the above rape charges, the differentiating factor with statutory rape is that whether the alleged victim “consented” or not is irrelevant.
Second Degree Statutory Rape:
Second Degree Statutory Rape is defined in RSMo § 566.034 as having sex with someone younger than seventeen years old while being older than twenty-one.
The difference between first-degree and second-degree statutory rape is the age range. It’s also important to be aware that Missouri has some additional laws having to do with 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 someone, and this is done while the alleged victim cannot consent, or is forced to participate.
You may notice that the language for this statute is nearly identical to that of first-degree rape; even the penalties are the same. The difference between these two laws is in the action(s) that allegedly took place.
Second Degree Sodomy:
Second Degree Sodomy is defined in RSMo § 566.061 as having either oral, anal, or digital sex with someone or otherwise penetrating an individual, with the knowledge that the other person does not consent.
In parallel to second-degree rape, the differentiator between this and first-degree sodomy is that the alleged victim could have given consent, but did not for that instance/act.
Rape, statutory rape, and sodomy all have details that make them different from one another, however, they all involve a lack of consent. Missouri defines consent for sexual activity as an affirmative, elective agreement to engage in sexual activity from all relevant individuals who have the capacity to give consent. Checking that all parties consent is important before engaging in any sexual action.
Combs Waterkotte’s Claycomo rape defense lawyers will defend you against all of the above charges and any other sexual assault allegations you may be charged with.
Common Claycomo, MO Misconceptions About Rape:
“Without proof, the police in Claycomo won’t arrest you for rape.”
The Reality: This misconception is rooted in the difference between arrests, charges, and convictions. You can be charged and convicted of rape without physical evidence, although it is harder for the state to do so. Meanwhile, 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: Whatever the circumstances, it’s critical to have an experienced group of rape defense lawyers watching your back, even if you’re innocent. You don’t want to face a complex legal system alone or make a mistake that unintentionally makes you look guilty.
“It’s illegal to have sex with someone under 17 in Missouri.”
The Reality: While the age of consent in Missouri is 17, the state does have ‘Romeo and Juliet’ laws that allow 14-16 year olds to engage in sexual intercourse with someone close to them in age (up to four years their senior).
“If someone’s had any alcohol, they can’t legally give consent.”
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 what level 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 being the only person on your side is scary. But you are one call away from Missouri’s leading criminal defense lawyers. You can have Combs Waterkotte building your defense.
We’re here to help good people in bad situations. Our rape defense lawyers offer high-quality legal expertise to all of our clients. And we’re ready to take your case.
Talk to us now at (314) 900-HELP or contact us online for a free, confidential consultation.
