Arrested or Charged with Rape in the Second Degree (RSMo § 566.031) in Missouri?

Being charged with Rape in the Second Degree in Missouri can be a life-altering experience. The uncertainty about your future, potential consequences, and the stigma associated with sex crime allegations can feel overwhelming. At Rose Legal Services, we understand the seriousness of these charges and are committed to providing knowledgeable, compassionate legal representation to those facing such allegations.

This article explains what constitutes Rape in the Second Degree in Missouri, the potential penalties, and how an experienced criminal defense attorney can help protect your rights throughout the legal process.

What Is Rape in the Second Degree in Missouri?

Under Missouri law (RSMo. § 566.031), a person commits the offense of Rape in the Second Degree when they have sexual intercourse with another person knowing that they do so without that person’s consent.

This differs from Rape in the First Degree (RSMo. § 566.030), which involves forcible compulsion or incapacity of the victim, and from Statutory Rape (RSMo. § 566.032), which involves sexual intercourse with a person under the age of consent.

The key issues in second-degree rape cases are whether there was consent and, if not, whether the defendant knew that the other person had not consented.

Understanding Consent in Missouri Law

Under Missouri law, consent is defined as words or actions that indicate a freely given agreement to engage in sexual activity. Importantly, a lack of resistance does not constitute consent.

Consent may be absent in various situations, including but not limited to:

• When a person is incapacitated due to alcohol or drugs
• When a person is asleep or unconscious
• When a person has a mental disability that prevents them from understanding the nature of the act
• When consent is withdrawn during the sexual act
• When consent is obtained through deception, coercion, or threats

In Missouri, the prosecution must prove that the defendant knew they were acting without the other person’s consent.

Penalties for Rape in the Second Degree

Rape in the Second Degree is classified as a Class D felony in Missouri. The potential penalties include:

• Imprisonment for up to 7 years in the Missouri Department of Corrections
• A fine of up to $10,000
• Mandatory sex offender registration
• Probation with strict conditions

These penalties can significantly impact every aspect of a person’s life — from their freedom and finances to their reputation and future opportunities.

Sex Offender Registration Requirements

If convicted of Rape in the Second Degree, you will be required to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA). This registration entails:

• Regular updates with law enforcement agencies
• Public disclosure of your personal information on the Missouri Sex Offender Registry
• Restrictions on where you can live, work, and visit
• Regular verification of your address, telephone number, and place of employment
• Notification to the registry when you change addresses, employment, or online identifiers

The sex offender registration requirement can last for decades or even a lifetime, depending on the specific circumstances of the case.

Collateral Consequences of a Conviction

Beyond the formal legal penalties, a conviction for Rape in the Second Degree carries numerous collateral consequences:

• Difficulty finding employment due to background checks
• Housing restrictions and limitations
• Strained personal relationships
• Loss of professional licenses
• Potential restrictions on parental rights
• Challenges in educational pursuits
• Travel restrictions, including international travel

These long-lasting impacts can affect every aspect of your life long after any prison sentence or probation period has ended.

Potential Defenses to Rape in the Second Degree Charges

If you’re facing charges of Rape in the Second Degree, several defense strategies may be available depending on the specific circumstances of your case:

Consent

Since lack of consent is a key element of the offense, providing evidence that the sexual activity was consensual is a common defense. This might involve text messages, witness statements, or other evidence indicating consent was given.

Mistaken Identity

In some cases, the wrong person may be accused of the crime. DNA evidence, alibis, and other forensic techniques can be used to prove that you were not the person who committed the alleged act.

False Accusations

Unfortunately, false accusations of rape do occur. Motivations may include revenge, jealousy, regret, or covering up consensual activity from others. An experienced attorney can investigate the accuser’s background and motives to expose any inconsistencies or ulterior motives.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that the defendant knew they were acting without the other person’s consent. If there is insufficient evidence to establish this knowledge, a defendant may be found not guilty, or the charges may be reduced or dismissed.

Constitutional Violations

If law enforcement violated your constitutional rights during the investigation or arrest process, certain evidence might be suppressed, potentially weakening the prosecution’s case.

The Importance of Experienced Legal Representation

When facing Rape in the Second Degree charges, having an experienced criminal defense attorney is crucial. At Rose Legal Services, our attorneys have extensive experience defending clients against serious sex crime allegations.

A skilled defense attorney can:

1. Protect your constitutional rights throughout the legal process
2. Conduct a thorough investigation into the allegations and evidence
3. Identify weaknesses in the prosecution’s case
4. Develop a strategic defense tailored to your specific situation
5. Negotiate with prosecutors when appropriate
6. Represent you effectively at trial if your case proceeds to that stage

What to Do If You’re Accused of Rape in the Second Degree

If you’ve been accused of or charged with Rape in the Second Degree in Missouri:

1. Remain silent and request an attorney immediately if questioned by police
2. Do not discuss the case with anyone other than your attorney
3. Preserve all potential evidence, including text messages, social media communications, and other records
4. Do not contact the accuser, as this could lead to additional charges
5. Consult with an experienced criminal defense attorney as soon as possible

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We believe that everyone deserves a strong defense, regardless of the charges they face. Our team has decades of combined experience helping people who have been charged, arrested, or investigated for crimes in Missouri.

When you work with our firm, you’ll benefit from:

• Attorneys who focus solely on criminal defense
• A team approach that brings multiple perspectives to your case
• Thorough investigation of the allegations
• Clear communication throughout the legal process
• Strategic defense planning tailored to your specific situation

We pride ourselves on excellent client service and communication. Our Client Care Specialists are available to answer your questions and provide updates throughout your case.

Contact Rose Legal Services Today

If you’re facing Rape in the Second Degree charges in Missouri, don’t wait to seek legal help. The sooner you involve an experienced criminal defense attorney, the better your chances of achieving a favorable outcome.

At Rose Legal Services, we offer confidential consultations for individuals facing sex crime allegations. During your consultation, we’ll listen to your story, explain your rights and options, and discuss how we can help protect your future.

Contact us today to schedule your consultation and take the first step toward protecting your rights and your future.