Rape Defense Lawyers, Kearney, MO. Being accused of rape can turn your world upside down, and the charges have some of the harshest penalties in Missouri. Facing these charges can seem like your life is over.
But it’s not. Accusations and indictments aren’t guilty outcomes. And Combs Waterkotte is prepared to fight to defend you against those outcomes.
We defend Kearney, MO, residents’ right to due process and give them a strong case against any criminal charges. We’re available to talk about your case today—talk to us at (314) 900-HELP or get in touch online for a free, confidential consultation.
You need a leading defense attorney. Our rape and sexual assault defense lawyers will advise you on the best strategy to protect your interests. Reach out online or dial (314) 900-HELP to speak with someone anytime, any day.
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Why You Need Combs Waterkotte’s Rape Defense Attorneys:
When you’ve been accused of a sex crime in Kearney, MO, you need a team of rape defense lawyers before you talk to anyone. If you don’t hire an attorney, you’re in danger of the following:
- Prison Time. Different charges in the second degree all carry 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 many rights, including the right to vote, the right to possess a gun, 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.
- Career Consequences. You can be fired just for being accused of rape.
If you look at the penalties for sexual assault in Missouri, they can be overwhelming. Because of this, it’s critical that you find Kearney, 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 handled thousands of cases, many just like yours.
- A strong defense that is ready for trial in case we need to go that far.
- Strong relationships with the state, which we can use to negotiate a plea deal if it is the best way to protect your interests.
Don’t give the state a chance to build a case you can’t defend against—get a hold of us now at (314) 900-HELP to get in touch 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 Combs Waterkotte Uses Versus Kearney, MO Rape Charges:
Our team of Kearney rape defense lawyers have extensive knowledge of Missouri rape and sexual assault laws, and what techniques work to fight 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: 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.
Rape defense strategies are not one-size-fits-all. They need to be custom-made for each case. At Combs Waterkotte, we construct the strongest 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 Kearney, MO?
If someone asked you to describe rape, the image that comes to mind is probably that of forcible rape. But Missouri rape law separates out two categories of rape, as well as defining sodomy as a similar offense.
Here are the different Kearney, 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 engaging in sex with another person 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 having sex with an individual 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 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.
As opposed to the above rape charges, the differentiating factor with statutory 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 an adult over the age of twenty-one engaging in sexual intercourse with someone under the age of seventeen.
Second-degree statutory rape is different from first-degree because of the age requirements. It’s also relevant to know that Missouri has special ‘Romeo and Juliet’ laws in regards to sexual intercourse 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 another personor otherwise penetrating that person, while that individual cannot consent, or is coerced to do so via force.
This is very similar to first-degree rape charges; 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 engaging in either oral, anal, or digital sex with a person or otherwise penetrating another person, with the knowledge that the other person does not consent.
Similar to second-degree rape, what distinguishes second-degree from first-degree degree sodomy is that the alleged victim could have given consent, but did not for that instance/act.
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, voluntary agreement to engage in sexual activity from all relevant individuals who are able to give consent. Ensuring that everyone gives consent is important before engaging in any sexual activity.
Our Kearney 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 up against.
Common Kearney, MO Misconceptions About Rape:
“You can’t be arrested/charged in Kearney 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: If you’re up against rape charges, you’ll always want an experienced team of rape defense lawyers on your side, whether you’re innocent or guilty. You don’t want to attempt to go through the court process alone or make a mistake that unintentionally makes you look guilty.
“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 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 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 Defends Against Rape Charges in Kearney, 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 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 tell us about your case online for a no-obligation, confidential consultation.
