Rape Defense Lawyers, Wellington, MO. Rape allegations can be life-altering, and Missouri legal statutes are very punitive for rape convictions. Being called an alleged rapist can seem like your life is over.
But it’s not. Accusations and charges aren’t guilt. And Combs Waterkotte is on your side to battle to protect you from those outcomes.
We defend Wellington, MO, residents’ right to due process and give them a strong defense against any criminal charges. We’re ready to start working on your case today—reach us by phone at (314) 900-HELP or fill out our contact form online for a free consult.
You need a leading defense attorney. Our rape and sexual assault defense lawyers will be in your corner from day one. Reach out online or call (314) 900-HELP for help 24/7.
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Why You Need Combs Waterkotte’s Rape Defense Attorneys:
If you’ve been accused of rape in Wellington, MO, you need a team of rape defense lawyers right away. If you don’t hire an attorney, you’re potentially looking at the below consequences:
- A Prison Sentence. The second-degree offences listed below can potentially result in prison sentences of up to 7 years, while the first-degree offences can be as high as life without parole.
- Losing Your Rights. In Missouri, convicted felons lose many rights, particularly the right to vote, the right to own 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 Impacts. You can be fired just for being accused of rape.
When you see the penalties for sexual assault in Missouri, it’s hard to even think of a plan to move forward. This is why it’s important for you to bring in Wellington, MO, rape defense lawyers fast. And Combs Waterkotte is ready for your case.
When you hire us, you’re getting the following from the team 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 skillful group of rape defense lawyers who have helped clients in thousands of cases, many just like yours.
- A strong defense that is prepared for trial in case we need to go that far.
- Strong relationships with prosecutors across the state, which we lean on to come up with a 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 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 Wellington, MO Rape Charges:
Our Wellington rape defense lawyers have deep knowledge of Missouri rape and sexual assault laws, and effective strategies to defend against related charges:
- Consent: In some rape cases, the question is not whether sexual activity occurred, but whether it was consensual.
- Alibi: Alibis create reasonable doubt by providing evidence indicating that you were somewhere else at the time of the crime.
- 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.
Your case needs a custom-designed strategy to give you the best possible odds at a positive outcome. At Combs Waterkotte, we construct the finest defense possible for your circumstances and will give you honest, helpful advice on how to move forward.
What’s the Difference Between Rape, Statutory Rape, and Sodomy in Wellington, MO?
If you had to define 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.
Below are the different Wellington, MO, criminal charges you could be facing when someone makes allegations of ‘rape:’
First Degree Rape:
First Degree Rape is defined in Missouri Revised Statute § 566.030 as having sexual intercourse 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).
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 was able to consent at the time, but claims 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 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 some additional laws regarding sexual activity with individuals between the ages of fourteen and sixteen.
First Degree Sodomy:
First Degree Sodomy is defined in RSMo § 566.060 as having either oral, anal, or digital sex with someoneor otherwise penetrating a person, and this is done while that individual is unable to consent, or is coerced to do so via force.
You may notice that the language for this statute is nearly identical to that of first-degree rape; the only difference is the alleged type of act performed.
Second Degree Sodomy:
Second Degree Sodomy is defined in RSMo § 566.061 as having either oral, anal, or digital sex with an individual or otherwise penetrating that person, when the alleged victim states that they did not give consent.
Just like with second-degree rape, what distinguishes second-degree from first-degree degree sodomy is that the alleged victim had the capacity to consent, but did not for that instance/act.
While the details of the alleged crime and the penalties all vary, 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 intercourse as an affirmative, unforced agreement to engage in sexual activity from both individuals who have the capacity to give consent. Obtaining clear consent is important prior to beginning any sexual activity.
Our Wellington rape defense lawyers will fight against rape, statutory rape, sodomy, and any other sexual assault allegations you may be charged with.
Common Wellington, MO Misconceptions About Rape:
“Without proof, the police in Wellington won’t arrest you for rape.”
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.
“If you’re innocent of the charges, you don’t need a lawyer.”
The Reality: Whatever the circumstances, it’s critical to have an expert group of rape defense lawyers watching out for your interests, even if you’re innocent. You don’t want to try and navigate Missouri law on your own 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: 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 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: 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 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 Wellington, 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 don’t have to go it alone. You can have Combs Waterkotte on your side.
We’re here to help good people in bad situations. 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 reach out online for a free, confidential consultation.
