Rape Defense Lawyers, Holden, MO. Rape allegations are hard to handle, and the charges have some of the harshest penalties in Missouri. Being called an alleged rapist can feel like your life is over.
But it’s not. Accusations and charges aren’t convictions. And Combs Waterkotte is prepared to battle against negative outcomes.
We protect Holden, MO, residents’ freedom and give them a well-built case against all 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.
You need a leading defense attorney. Our rape and sexual assault defense lawyers will advise you on the best strategy to protect your interests. Contact us online or call (314) 900-HELP to get started.
Why You Need Combs Waterkotte’s Rape Defense Attorneys:
If you’ve been accused of rape in Holden, MO, you need help from expert rape defense lawyers immediately. Should you not hire anyone, you’re in danger of the following:
- A Prison Sentence. Second-degree rape and sodomy charges all potentially result in prison sentences of up to 7 years, while the first-degree offences can be as high as life sentences.
- Losing Your Rights. In Missouri, convicted felons lose several significant rights, most notably the right to vote, second amendment rights, 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 Impacts. You can lose your job even before a conviction.
If you review the penalties for sexual assault in Missouri, it’s hard to even think of a plan to move forward. To give yourself the best chance to avoid these, it’s important for you to bring in Holden, MO, rape defense lawyers fast. And Combs Waterkotte is prepared for your case.
Here’s what we bring to the table 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 knowledgeable team of rape defense lawyers who have helped clients in thousands of cases, including many just like yours.
- A strong defense that is built for trial should your case go that far.
- Strong relationships with the state, which we will leverage when negotiating a favorable plea deal if that can give you the positive outcomes you need.
Don’t wait for “things to blow over” (they won’t)—speak with us now at (314) 900-HELP to talk to 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 …
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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 …
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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 …
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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 Against Holden, MO Rape Charges:
Our Holden rape defense lawyers have intense knowledge of Missouri rape and sexual assault laws, and what strategies work to defend against them:
- 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: It’s highly unfortunate, but sometimes rape victims accuse the wrong person, and an alibi can be key to your defense.
- 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: 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 finest defense possible for your specific case and will give you honest, helpful advice on how to move forward.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Holden, MO?
When most people think of rape, the prototypical image would be someone being physically forced to have nonconsensual sex. But Missouri rape law separates out two categories of rape, and categorizes certain acts as sodomy instead of rape.
We’ve outlined the different Holden, 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 someone who is incapable of consent, or coercing them to have sex with force or threats of force (this also includes giving them substances without their knowledge).
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 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 had the ability to consent, 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 makes this different from first-degree 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. Keep in mind that Missouri has special laws specifically having to do with 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 another personor otherwise penetrating that person, and this is done while that individual is unable to consent, or is forced to participate.
You may notice that the language for this statute is nearly identical to that of first-degree rape; the main difference is that rape covers sexual intercourse, while sodomy covers other sexual acts.
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.
As with second-degree rape, the difference between first-degree sodomy and second-degree sodomy is that the alleged victim could have given consent, but states they did not.
While the details of the alleged crime and the penalties all vary, they all involve a lack of consent. Missouri defines consent for sexual intercourse 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 engaging in any sexual activity.
Our Holden 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 charged with.
Common Holden, MO Misconceptions About Rape:
“You can only be arrested for rape in Holden 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.
“There’s no reason to hire an attorney if you’re innocent.”
The Reality: Whatever the circumstances, it’s critical to have agroup of rape defense lawyers watching out for your interests, even if you’re innocent. You don’t want to attempt to go through the court process 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: 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.
“If someone’s had any alcohol, they can’t legally give consent.”
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 how drunk is 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 Holden, MO. Combs Waterkotte Will Defend You.
Being accused of rape is traumatizing. And trying to go it alone is setting yourself up for failure. But you have another option. You can have Combs Waterkotte on your side.
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 we’re ready to get started right away.
Reach us now at (314) 900-HELP or fill out our contact form for a no-obligation, confidential consultation.
