Rape Defense Lawyers, Excelsior Estates, MO. Rape allegations are hard to handle, and Missouri law treats people convicted of rape severely. Facing these charges can feel like a hopeless situation.
But it’s not. Allegations and charges are not the same as guilty outcomes. And Combs Waterkotte is prepared to fight against negative outcomes.
We defend Excelsior Estates, MO, residents’ rights and give them a strong case against any criminal charges. We’re available to talk about your case today—speak with us at (314) 900-HELP or get in touch online any time, day or night.
Get the justice you deserve. 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 to get started.
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Why You Need Combs Waterkotte’s Rape Defense Attorneys:
When you’ve been accused of sexual assault or rape in Excelsior Estates, MO, you need a team of rape defense lawyers immediately. If you try to fight the allegations by yourself, you’re in danger of the below consequences:
- Prison Time. The second-degree offences listed below all potentially result in prison sentences of up to 7 years, while the more serious first-degree offences can go as far as life in prison.
- Losing Your Rights. In Missouri, convicted felons lose several 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.
- Job Consequences. You can lose your job just for being accused of rape.
If you review the penalties for sexual assault in Missouri, it’s easy to feel overwhelmed. To give yourself the best chance to avoid these, you’ll need to hire Excelsior Estates, MO, rape defense lawyers fast. And Combs Waterkotte is ready to protect you.
We take pride in offering the following when crafting your rape/sexual assault defense:
- A client-centered approach because we want to be sure we are capturing your story, needs, and goals.
- A skillful team of rape defense lawyers who have helped clients in thousands of cases, several just like yours.
- A strong defense that is prepared for trial if your case goes that far.
- Longstanding relationships with the state, which we can use to negotiate a plea deal if that can give you the positive outcomes you need.
Don’t wait while the prosecution builds a case against you—speak with 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 Excelsior Estates, MO Rape Charges:
Our team of Excelsior Estates rape defense lawyers have extensive knowledge of Missouri rape and sexual assault laws, and effective ways to fight against related charges:
- Consent: In some rape cases, the argument will center around whether consent was freely given or not.
- Alibi: Alibis create reasonable doubt by providing evidence indicating that you were somewhere else at the time of the crime.
- Physical Evidence: Even if you don’t have an alibi, physical evidence like DNA might be able to exonerate you.
- 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 craft the most powerful defense possible for your specific case 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 Excelsior Estates, MO?
When most people think of rape, the image that comes to mind is probably that of forcible rape. But Missouri rape law distinguishes statutory and forcible rape, and categorizes certain acts as sodomy instead of rape.
Here are the different Excelsior Estates, MO, criminal charges you could formally be up against when someone makes allegations of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as engaging in sex with someone who is incapable of consent, or using force to force them to have sex (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 having sex with an individual without having their consent.
This is distinguished from first-degree rape in that the alleged victim was able to consent at the time, but is saying 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 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 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 special ‘Romeo and Juliet’ laws regarding sexual intercourse with individuals between the ages of fourteen and 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 a person, while that individual is unable to consent, or is made to do so by force.
This is very similar to first-degree rape charges; the only difference is the alleged type of act performed.
Second Degree Sodomy:
Second Degree Sodomy is defined in RSMo § 566.061 as engaging in either oral, anal, or digital sex with a person or otherwise penetrating someone, while knowing the other person does not consent.
Similar to second-degree rape, the difference between first-degree sodomy and second-degree sodomy is that the alleged victim had the capacity to consent, but did not for that instance/act.
Rape, statutory rape, and sodomy all have details that make them different from one another, however, 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 all relevant individuals who are able to give consent. Obtaining clear consent is important before proceeding with any sexual action.
Combs Waterkotte’s Excelsior Estates 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 facing.
Common Excelsior Estates, MO Misconceptions About Rape:
“You can only be arrested for rape in Excelsior Estates 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, you can be arrested for nothing more than probable cause, which can include the accusations themselves.
“If you’re innocent of the charges, you don’t need a lawyer.”
The Reality: You always need an expert group of rape defense lawyers watching your back, even if you’re innocent. You don’t want to try and navigate Missouri law on your own or slip up and say something that can be misinterpreted.
“You can’t have sex with someone younger than 17 in Missouri.”
The Reality: This misconception is rooted in truth, because 17 is in fact the age of consent in Missouri. However, 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: In reality, there isn’t a legal definition of how drunk is too drunk to consent. That said, if you’re ever unsure about whether or not someone can consent, don’t have sex.
Combs Waterkotte Defends Against Rape Charges in Excelsior Estates, 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 have a path forward. You can have Combs Waterkotte building your defense.
We have two former prosecutors who know how the state builds its cases against you. Our rape defense lawyers know what it takes to build a stellar defense against these charges. And whatever charges you’re up against, we’re ready to talk.
Call us today at (314) 900-HELP or tell us about your case online for a no-obligation, confidential consultation.
