Rape Defense Lawyers, Smithville, MO. Rape allegations can be life-altering, 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 charges are not guilty outcomes. And Combs Waterkotte is on your side to battle against bad outcomes.
We defend Smithville, MO, residents’ right to due process and give them a strong defensive plan against all criminal charges. We’re free to give you a consult on your case today—reach us by phone at (314) 900-HELP or reach out online for a confidential consult.
We are here to help, not to judge. Our rape and sexual assault defense lawyers will listen to your side of the story and build a defense around it. Reach out 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 sexual assault or rape in Smithville, MO, you need a team of rape defense lawyers immediately. If you don’t hire someone, you’re potentially looking at the following:
- Years In Prison. Different charges in the second degree can potentially result in prison sentences of up to 7 years, while the harsher first-degree charges can be as high as life sentences.
- Losing Your Rights. In Missouri, convicted felons lose several significant rights, particularly the right to vote, the right to own 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.
- Job Consequences. You can be fired if you’re accused of rape (even if it’s just allegations).
If you review the penalties for sexual assault in Missouri, it’s hard to even think of a plan to move forward. Because of this, it’s critical that you bring in Smithville, MO, rape defense lawyers fast. And Combs Waterkotte is prepared for your case.
We take pride in offering the following when building your rape/sexual assault defense:
- A client-centered approach because it’s important to fully know your side of the story before building a defense.
- A knowledgeable team of rape defense lawyers who have experience with 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 prosecutors across the state, which we will leverage when negotiating 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—call 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 …
Defensive Tactics Our Attorneys Use Against Smithville, MO Rape Charges:
Our Smithville rape defense lawyers have extensive knowledge of Missouri rape and sexual assault laws, and effective strategies to fight 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: 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 build the most powerful defense possible for your specific case and will keep you informed and up to date on how your case is progressing.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Smithville, MO?
If you had to define 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.
We’ve outlined the different Smithville, MO, criminal charges you could formally be up against when accused of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as having sexual intercourse with someone who cannot consent, or using force to force them to have sex (this also includes drugging them while they are unaware).
This is normally regarded as the most serious charge of the six outlined on this page
Second Degree Rape:
Second Degree Rape is defined in RSMo § 566.031 as having sex with another person who does not consent, and you’re aware that they do not.
This is different from first-degree rape in that the alleged victim had the ability to consent, but claims 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 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.
Second-degree statutory rape is different from first-degree because of the age requirements. Keep in mind that Missouri has special ‘Romeo and Juliet’ laws having to do with sex with individuals in the in-between ages of fourteen to sixteen.
First Degree Sodomy:
First Degree Sodomy is defined in RSMo § 566.060 as engaging in either oral, anal, or digital sex with an individualor otherwise penetrating that person, and this is done while the alleged victim cannot consent, or is forced to participate.
This law reads and works very similarly to Missouri’s first-degree rape law; 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 participating in either oral, anal, or digital sex with an individual or otherwise penetrating an individual, when the alleged victim states that they did not give consent.
Similar to second-degree rape, the difference between first-degree sodomy and second-degree sodomy is that the alleged victim was able to 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 all involved individuals who have the capacity to give consent. Checking that all parties consent is important before proceeding with any sexual action.
Our Smithville 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 Smithville, MO Misconceptions About Rape:
“You can only be arrested for rape in Smithville if there’s physical evidence.”
The Reality: If there’s no physical evidence, that can hurt the state’s chances of getting a conviction. However,, 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: If you’re up against rape charges, you’ll always want a team of rape defense lawyers on your side, even if you’re innocent. You don’t want to attempt to go through the court process 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: 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 there’s ever a question as to someone’s ability to consent, don’t have sex.
Combs Waterkotte Defends Against Rape Charges in Smithville, 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 fighting for your freedom.
We’re here to help good people in bad situations. Our rape defense lawyers offer high-quality legal expertise to all of our clients. And whatever charges you’re up against, we’re ready to talk.
Speak with our team now at (314) 900-HELP or fill out our contact form for a free, confidential consultation.
