Missouri Rape

Rape – First Degree

A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse (ex. drugging the victim).

 

Rape or attempted rape in the first degree is punishable to 5 years to life in prison unless:

 

(1) the offense is an aggravated sexual offense, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than fifteen years;

 

(2) the person is a persistent or predatory sexual offender and subjected to an extended term of imprisonment under said section;

 

(3) the victim is a child less than 12 years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the offender has served not less than 30 years of such sentence or unless the offender has reached the age of 75 years and has served at least 15 years of such sentence unless the conduct was outrageous, horrible or torturous. In that case, the required term of imprisonment is life imprisonment without eligibility for probation, parole or conditional release.

 

Another convicted of rape in the first degree or an attempted rape in the first degree will not be granted a suspended imposition of sentence or suspended execution of sentence.

 

Rape – Second Degree

A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person's consent.

 

Rape in the second degree is a Class D Felony punishable up to 4 years in prison and fines up to $5,000.

 

Statutory Rape – First Degree

A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. This offense is punishable to not less than 5 years to life in prison

 

If the offense is an aggravated sexual offense or the victim is less than 12 years old, the crime is punishable to a minimum of 10 years to life in prison.

 

Statutory Rape – Second Degree

A person commits the offense of statutory rape in the second degree if being twenty-one years of age or older, he or she has sexual intercourse with another person who is less than seventeen years of age. This charge is a Class D Felony, punishable up to 4 years in prison and fines up to $5,000.

 

  Important:   Statutory rape is a strict liability offense. This mean that if you didn’t know the victim age, that is not a valid defense. If he or she looked older than they actually were, that is not a valid defense.

 

Rape and statutory rape are extremely serious charges and can turn your life upside down. Hiring an experienced criminal defense attorney will help you evaluate the charges against you and guide you through what options are available.

 

Contact Howard Haake at (314) 325-9868 or (636) 332-5555 for a free consultation regarding your rape charge and learn what rights and remedies are best for your situation.

 

 

 

 

Howard Haake is a St. Louis law firm based in Clayton, Missouri focused on business law, criminal defense, family law and estate planning. We handle all business matters from incorporation to acquisition as well as criminal defense charges from arrest to trial. Howard Haake helps clients in St. Louis, St. Charles, St. Peters, O'Fallon, Brentwood, Columbia, Eureka, Richmond Heights, Clayton, Jennings, Kirkwood, Maplewood, Manchester, Northwoods, Olivette, University City, Creve Coeur, Maryland Heights, Bridgeton, Florissant, Ladue, Webster Groves, Hazelwood, Hillsboro, Washington, Union, Hermann, Pacific, and throughout St. Louis County, St. Charles County, Jefferson County, Franklin County, Warren County, Gasconade County, Boone County, Crawford County, Montgomery County, and Marion County.

​​DISCLAIMER: The information on this website is for general and informational purposes only and should not be interpreted to indicate a certain result will occur in your specific legal situation. Information on this website is not legal advice and does not create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Evan M. Howard, Howard Law,  Avvo Profile

© 2015 by Howard Haake, LLC.

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