Arrested or Charged with Statutory Rape in the First Degree (RSMo § 566.032) in Missouri?

If you or someone you know has been charged with Statutory Rape in the First Degree in Missouri, you’re likely feeling overwhelmed, uncertain about your future, and concerned about the serious potential consequences. At Rose Legal Services, we understand the gravity of these charges and the impact they can have on your life.

This article will provide essential information about statutory rape charges in Missouri, the legal definitions, potential penalties, and how an experienced criminal defense attorney can help protect your rights throughout the legal process.

What is Statutory Rape in the First Degree in Missouri?

Under Missouri law (RSMo. § 566.032), a person commits the offense of Statutory Rape in the First Degree if they have sexual intercourse with another person who is less than 14 years of age.

It is important to understand that in statutory rape cases, consent is not a defense. The law presumes that individuals under a certain age cannot legally consent to sexual activity, regardless of whether they agreed to participate.

Penalties for Statutory Rape in the First Degree

Statutory Rape in the First Degree is an extremely serious charge in Missouri with severe penalties upon conviction:

• It is a felony punishable by 5 years to life imprisonment
• If the victim is less than 12 years old, the minimum sentence increases to 10 years imprisonment
• If the offense is classified as an “aggravated sexual offense,” the minimum sentence is also 10 years.
• Persistent or predatory sexual offenders face enhanced penalties under RSMo. § 566.125

Beyond imprisonment, a conviction will also result in mandatory sex offender registration, which can impact where you can live, work, and even your ability to interact with certain family members.

Aggravating Factors

Certain circumstances can increase the severity of the charges and potential penalties:

• The victim’s age (under 12 intensifies the penalties)
• Use of force, threats, or a weapon
• Causing serious physical injury to the victim
• Prior sexual offense convictions
• Multiple victims

See RSMo. § 566.010(1).

Defending Against Statutory Rape Charges

If you’ve been charged with Statutory Rape in the First Degree, it’s critical to understand that you have legal rights and options. Some potential defenses may include:

Mistake of Age

In limited circumstances, Missouri law may allow a defense if the defendant reasonably believed the victim was of legal age. However, this defense does not apply to Statutory Rape in the First Degree or any other offense when the child was less than 14 years of age (RSMo. § 566.020).

False Accusations

Unfortunately, false accusations of sexual crimes do occur. An experienced attorney can investigate the accuser’s background, potential motives, and inconsistencies in the allegations.

Lack of Evidence

The prosecution must prove its case beyond a reasonable doubt. If there is insufficient physical evidence or witness testimony to support the allegations, the charges might 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 Right Defense Attorney Can Make All the Difference

When facing statutory rape 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. Investigate the allegations against you thoroughly
3. Challenge the prosecution’s evidence and the credibility of witnesses
4. Negotiate with prosecutors for reduced charges or alternative resolutions when appropriate
5. Develop a strategic defense tailored to the specific circumstances of your case

What to Do If You’re Accused of Statutory Rape in Missouri

If you’ve been accused of or charged with statutory rape in Missouri:

1. Do not speak to the police or investigators without an attorney present
2. Do not discuss the case with anyone, including friends, family, or on social media
3. Contact an experienced criminal defense attorney immediately
4. Preserve any evidence that might support your defense, such as text messages, emails, or documentation of your whereabouts
5. Follow your attorney’s advice regarding all aspects of your case

The Long-Term Consequences of a Conviction

Beyond imprisonment, a statutory rape conviction carries significant long-term consequences:

• Sex offender registration, which is publicly available information
• Employment limitations, as many employers conduct background checks
• Housing restrictions, including prohibitions on living near schools or parks
• Parental rights limitations, potentially affecting custody and visitation with your own children
• Social stigma that can affect personal relationships and standing in the community
• Professional license restrictions for certain careers

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our team has decades of combined experience helping individuals facing serious criminal charges, including sex crimes.

We understand that people make mistakes, and sometimes, innocent people are wrongfully accused. Our approach is never to judge—our mission is to provide the strongest possible defense for every client we represent.

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 against you
• Clear communication throughout the legal process
• Strategic defense planning tailored to your specific situation

Contact Rose Legal Services Today

If you’re facing statutory rape 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 you, 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.