Rape Defense Lawyers, Higginsville, MO. Rape allegations can be life-altering, and Missouri legal statutes are very punitive for rape convictions. Being called an alleged rapist can feel like a hopeless situation.
But it’s not. Accusations and charges aren’t guilt. And Combs Waterkotte is here to fight to protect you from negative outcomes.
We protect Higginsville, MO, residents’ rights and give them a well-built defensive plan against any criminal charges. We’re available to talk about your case today—speak with us at (314) 900-HELP or fill out our contact form online any time, day or night.
You need a leading defense attorney. Our rape and sexual assault defense lawyers will be in your corner from day one. Contact us online or dial (314) 900-HELP to get started.
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Why You Need Combs Waterkotte’s Rape Defense Attorneys:
If you’ve been charged with a sex crime in Higginsville, MO, you need a team of rape defense lawyers before you do anything else in your case. If you try to fight the allegations by yourself, you’re risking the following:
- A Prison Sentence. Different charges in the second degree all potentially result in prison sentences of up to 7 years, while the first-degree offences can go as far as life without parole.
- Losing Your Rights. In Missouri, felons lose several rights, including the right to vote, second amendment rights, and certain employment rights. It can also have an impact on 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).
When you see the penalties for sexual assault in Missouri, it’s easy to feel overwhelmed. To give yourself the best chance to avoid these, it’s important for you to hire Higginsville, MO, rape defense lawyers fast. And Combs Waterkotte is ready for your case.
Here’s what we bring to the table when building your rape/sexual assault defense:
- A client-centered approach because we want to be sure we are capturing your story, needs, and goals.
- An adept group of rape defense lawyers who have helped clients in thousands of cases, several just like yours.
- A strong defense that is built for trial if your case goes that far.
- Strong relationships with the state, which we will leverage when negotiating a favorable plea deal if it is the best way to protect your interests.
Don’t wait while the prosecution builds a case against you—get a hold of 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 …
Defenses Our Lawyers Use Against Higginsville, MO Rape Charges:
Our Higginsville rape defense lawyers have extensive knowledge of Missouri rape and sexual assault laws, and what strategies work to fight 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.
Each case is unique, and each defense needs to be tailored to the specifics of the case. 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 Higginsville, MO?
If you had to define rape, the first thing that comes to mind is probably forcing someone to have sex against their will. But Missouri rape law distinguishes statutory and forcible rape, as well as defining sodomy as a similar offense.
Below are the different Higginsville, MO, criminal charges you could be actually charged with 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 cannot consent, or coercing them to have sex with force or threats of 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 who does not consent, and you’re aware that they do not.
Compared to first-degree rape charges, the difference is 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.
As opposed to the above rape charges, the differentiating factor with statutory 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 an adult over the age of twenty-one engaging in sexual intercourse with someone under the age of seventeen.
The difference between first-degree and second-degree statutory rape is the age range. Keep in mind that Missouri has special laws specifically in regards to sexual activity with individuals from fourteen to sixteen.
First Degree Sodomy:
First Degree Sodomy is defined in RSMo § 566.060 as having either oral, anal, or digital sex with an individualor otherwise penetrating another person, while the alleged victim is unable to consent, or is made to do so by force.
This law reads and works very similarly to Missouri’s first-degree rape law; 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 participating in either oral, anal, or digital sex with another person or otherwise penetrating that person, when the alleged victim states that they did not give consent.
Similar to second-degree rape, what distinguishes second-degree from first-degree 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, no matter which action or degree you look at, you’ll find one of the key features is a lack of consent. Missouri defines consent for sexual activity as an affirmative, unforced agreement to engage in sexual activity from all relevant individuals who are capable of giving consent. Ensuring that everyone gives consent is important prior to engaging in any sexual action.
Our Higginsville rape defense lawyers will fight against rape, statutory rape, sodomy, and any other sexual assault allegations you may be facing.
Common Higginsville, MO Misconceptions About Rape:
“You can’t be arrested/charged in Higginsville if there’s no physical evidence.”
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, you can be arrested for nothing more than probable cause, which can include the accusations themselves.
“There’s no reason to hire an attorney if you’re innocent.”
The Reality: If you’re up against rape charges, you’ll always want an experienced group of rape defense lawyers watching your back, even if you’re innocent. You don’t want to try and navigate Missouri law alone or say something you think is innocuous that is later twisted to make you look guilty.
“You can’t have sex with someone younger than 17 in Missouri.”
The Reality: Missouri’s age of consent is 17. But, 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 what level 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 Protects Against Rape Charges in Higginsville, 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 another option. You can have Combs Waterkotte at your back.
We won’t stop fighting until you get the justice you deserve. 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 fill out our online form for a no-obligation, confidential consultation.
