Rape Defense Lawyers, Holden, MO. Rape accusations carry a lot of stigma, and Missouri law treats people convicted of rape severely. Being accused can feel like it’s the end of your life.
But it’s not. Allegations and charges are not guilt. And Combs Waterkotte is here to fight to defend you against negative outcomes.
We defend Holden, MO, residents’ rights and give them a proper defensive plan against all criminal charges. We’re available to talk about your case today—call us at (314) 900-HELP or get in touch online for a free consultation.
Get the justice you deserve. Our rape and sexual assault defense lawyers will treat you like a person, not a case number. Contact us online or call (314) 900-HELP to start today.
Cases Handled
Over 10,000
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Over 60 Years
Why You Need Combs Waterkotte’s Rape Defense Attorneys:
When you’ve been charged with a sex crime in Holden, MO, you need a team of rape defense lawyers before you talk to anyone. If you go it alone, you’re in danger of the following:
- Years In Prison. The second-degree offences listed below can potentially result in prison sentences of up to 7 years, while the harsher first-degree charges can be as harsh as life in prison without parole.
- Losing Your Rights. In Missouri, felons lose several rights, particularly the right to vote, the right to possess a gun, 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 Consequences. 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, they can be overwhelming. 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 ready to help.
Here’s what we bring to the table 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 handled thousands of cases, including many just like yours.
- A staunch defense that is prepared for trial in case we need to go that far.
- Effective, working relationships with prosecutors, which we can use to negotiate a plea deal if it is the best way to protect your interests.
Don’t wait for “things to blow over” (they won’t)—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 …
Defensive Tactics Combs Waterkotte Uses Versus Holden, MO Rape Charges:
Our Holden rape defense lawyers have intense knowledge of Missouri rape and sexual assault laws, and effective ways to defend against the 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: 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: 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 build the most powerful 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 image that comes to mind is probably that of forcible rape. But Missouri rape law separates out two categories of rape, and categorizes certain acts as sodomy instead of rape.
Below are 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 engaging in sex with someone who is incapable of 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 engaging in sexual intercourse with another person without having their consent.
Compared to first-degree rape charges, the difference is that the alleged victim is capable of consenting, 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 makes this different from first-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.
Statutory rape degrees are distinguished by the age of the alleged victim and offender. It’s also relevant to know that Missouri has some additional laws regarding sexual intercourse 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 a personor otherwise penetrating an individual, while the alleged victim cannot consent, or is made to do so by force.
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 someone or otherwise penetrating someone, with the knowledge that the other person does not consent.
As with second-degree rape, the differentiator between this and first-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, one common trend is the lack of consent. Missouri defines consent for sexual activity as an affirmative, unforced agreement to engage in sexual activity from all relevant individuals who have the capacity to give consent. Ensuring that everyone gives consent is important before proceeding with any sexual action.
Combs Waterkotte’s Holden rape defense lawyers will fight against rape, statutory rape, sodomy, and any other sexual assault allegations you may be facing.
Common Holden, MO Misconceptions About Rape:
“Without proof, the police in Holden won’t arrest you for rape.”
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 team of rape defense lawyers watching your back, whether you’re innocent or guilty. 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.
“It’s illegal to have sex with someone under 17 in Missouri.”
The Reality: Missouri’s age of consent is 17. But, the state does have ‘Romeo and Juliet’ laws which legalize sex between someone aged 14-16 and another person up to four years older.
“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 you’re ever unsure about whether or not someone can consent, don’t have sex.
Combs Waterkotte Defends Against Rape Charges in Holden, 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 are one call away from Missouri’s leading criminal defense lawyers. You can have Combs Waterkotte building your defense.
We don’t charge by the hour, so you can get in touch with us 24/7 if you need something for your case. Our rape defense lawyers have the experience and expertise necessary to craft a forceful defense. And we’re ready to take your case.
Call us today at (314) 900-HELP or tell us about your case online for a free, confidential consultation.
