Rape Defense Lawyers, Cleveland, MO. Rape accusations carry a lot of stigma, and Missouri legal statutes are very punitive for rape convictions. Facing these charges can seem like it’s the end of your life.
But it’s not. Accusations and charges are not guilty outcomes. And Combs Waterkotte is prepared to battle to protect you from negative outcomes.
We protect Cleveland, MO, residents’ freedom and give them a strong defense against all criminal charges. We’re ready to start working on your case today—reach us by phone at (314) 900-HELP or get in touch online any time, day or night.
We are here to help, not to judge. Our rape and sexual assault defense lawyers will advise you on the best strategy to protect your interests. Contact us online or dial (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 Cleveland, MO, you need a team of rape defense lawyers before you talk to anyone. If you don’t hire someone, you’re up against the following:
- Years In Prison. Different charges in the second degree all carry prison sentences of up to 7 years, while the more serious first-degree offences can be as harsh as life sentences.
- Losing Your Rights. In Missouri, convicted felons lose many rights, particularly 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.
- Job Impacts. You can lose your job if you’re accused of rape (even if it’s just allegations).
If you review the penalties for sexual assault in Missouri, they can be overwhelming. Because of this, it’s important for you to find Cleveland, MO, rape defense lawyers fast. And Combs Waterkotte is prepared to protect you.
We take pride in offering the following when building 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 experience with thousands of cases, several just like yours.
- A staunch defense that is built for trial if your case goes that far.
- Strong relationships with prosecutors across the state, which we will leverage when negotiating a plea deal to give you positive outcomes without going through a trial.
Don’t give the state a chance to build a case you can’t defend against—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 Attorneys Use Against Cleveland, MO Rape Charges:
Our team of Cleveland rape defense lawyers have intense knowledge of Missouri rape and sexual assault laws, and effective ways to defend 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: DNA, medical reports, location data, and more can all be key in establishing a narrative of events.
- Fourth Amendment or Fifth Amendment Rights Violations: If the state broke any rules when gathering evidence, we can argue to have it thrown out.
Each case is unique, and each defense needs to be tailored to the specifics of the case. At Combs Waterkotte, we construct the finest defense possible for your circumstances and will keep you informed and up to date on how your case is progressing.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Cleveland, MO?
If someone asked you to describe rape, the prototypical image would be someone being physically forced to have nonconsensual sex. But Missouri rape law has multiple different categories of rape, and categorizes certain acts as sodomy instead of rape.
We’ve outlined the different Cleveland, MO, criminal charges you could formally be up against when accused of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as having sexual intercourse with another person who is incapable of consent, or coercing them to have sex with force or threats of force (this also includes drugging them while they are unaware).
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 another person when you know you don’t have their consent.
This is distinguished from first-degree rape in that the alleged victim was able to consent at the time, but states that they did not.
First Degree Statutory Rape:
First Degree Statutory Rape is defined in RSMo § 566.032 as having sex with someone younger than fourteen years old.
What distinguishes this from first-degree and second-degree rape is that it doesn’t matter if the alleged victim states that they provided “consent,” because people under that age are not legally able to do so.
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 relevant to know that Missouri has special laws specifically regarding sexual activity with individuals in the in-between ages of 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, while that individual is unable to consent, or is coerced to do so via force.
This law reads and works very similarly to Missouri’s first-degree rape law; the only difference is the alleged type of act performed.
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, while knowing the other person does not consent.
As with second-degree rape, the difference between first-degree sodomy and second-degree sodomy is that the alleged victim had the capacity to consent, but states they did not.
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, voluntary agreement to engage in sexual activity from all relevant individuals who are capable of giving consent. Obtaining clear consent is important prior to proceeding with any sexual action.
Our Cleveland rape defense lawyers will defend you against all of the above charges and any other sexual assault allegations you may be up against.
Common Cleveland, MO Misconceptions About Rape:
“You can’t be arrested/charged in Cleveland if there’s no 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.
“If you’re innocent of the charges, you don’t need a lawyer.”
The Reality: Whatever the circumstances, it’s critical to have an expert team of rape defense lawyers on your side, whether you’re innocent or guilty. You don’t want to face a complex legal system without help or make a mistake that unintentionally makes you look guilty.
“Missouri law says nobody can have sex with someone under 17.”
The Reality: Missouri’s age of consent is 17. But, the state does have ‘Romeo and Juliet’ laws that allow people aged 14-16 to have sex with a partner up to four years older than themselves.
“A person can’t consent if they’ve had something to drink.”
The Reality: While there are some cases where a person objectively cannot consent, such as if they are unconscious, there isn’t a legal definition of being too drunk to consent. That said, if you have even the slightest suspicion that someone has had too much to drink, don’t have sex.
Combs Waterkotte Protects Against Rape Charges in Cleveland, MO. Combs Waterkotte Will Defend You.
Facing a rape accusation can be disturbing . And being the only person on your side is scary. But you have another option. You can have Combs Waterkotte building your defense.
We won’t stop fighting until you get the justice you deserve. Our rape defense lawyers know what it takes to build a stellar defense against these charges. And we’re ready to take your case.
Get ahold of us now at (314) 900-HELP or fill out our contact form for a no-obligation, confidential consultation.
