Statutory Rape in the Second Degree (§ 566.034 RSMo) in Missouri

If you or a loved one have been arrested for or charged with statutory rape in the second degree in Missouri, you are likely feeling overwhelmed and frightened about what comes next. Facing a serious felony sex crime allegation is one of the most stressful things a person can go through. You probably have many questions about the offense, the potential consequences of conviction, and how to defend yourself.

At Rose Legal Services, we have extensive experience defending clients accused of statutory rape and other sex offenses across Missouri. Let’s take a closer look at the crime of second-degree statutory rape, the related offenses of statutory rape in the first degree and child molestation, and what you need to know if you are facing these charges.

What is Statutory Rape in the Second Degree Under Missouri Law?

Under § 566.034 of the Missouri Revised Statutes, a person commits the offense of statutory rape in the second degree if:

• Being twenty-one years of age or older, they have sexual intercourse with another person who is less than seventeen years of age.

Unlike forcible rape, statutory rape does not require proof that the sexual contact was nonconsensual. The age of the alleged victim alone makes the conduct illegal, even if they factually consented. The law presumes that a person under 17 lacks the capacity to give informed consent to sexual activity with an adult.

What are the Penalties for Statutory Rape 2nd Degree in Missouri?

Statutory rape in the second degree is a class D felony in Missouri, unless the person has previously been found guilty of this offense or any other sexual offense under Chapter 566 of the Missouri Revised Statutes, in which case it is a class C felony.

The authorized term of imprisonment for a class D felony is up to 7 years in prison. For a class C felony, the range increases to 3 to 10 years. There is also the possibility of fines up to $10,000.

Additionally, a conviction for second-degree statutory rape requires registration as a sex offender under Missouri’s Sex Offender Registration Act. Offenders must register for 25 years for a first offense or life if previously convicted. Failure to properly register is a separate felony offense.

Related Offenses: Statutory Rape 1st Degree and Child Molestation

Missouri law recognizes several other sex crimes related to statutory rape that carry even harsher penalties:

Statutory Rape in the First Degree (§ 566.032 RSMo)

A person commits statutory rape in the first degree if:

• Being twenty-one years of age or older, they have sexual intercourse with another person less than fourteen years of age.

First-degree statutory rape is an unclassified felony, with punishment ranging from 5 years to life in prison.

Child Molestation in the First Degree (§ 566.067 RSMo)

A person commits child molestation in the first degree if they subject a child who is less than fourteen years of age to sexual contact.

First-degree child molestation is a class A felony if the victim is less than 12 years old and a class B felony if the victim is 12-13 years old. Class A felonies carry 10 to 30 years or life in prison, while class B felonies carry 5 to 15 years.

Child Molestation in the Second Degree (§ 566.068 RSMo)

A person commits child molestation in the second degree if they subject a child who is less than twelve years of age to sexual contact.

Second-degree child molestation is a class B felony.

As you can see, the age of the child is a critical factor in determining the severity of the offense. The younger the alleged victim, the more serious the charge and potential punishment.

Defenses to Statutory Rape Allegations

If you have been charged with statutory rape in Missouri, an experienced criminal defense attorney can assess your case and advise you on potential defenses. Some common defenses include:

• Innocence/mistaken identity – You did not commit the alleged acts and have been falsely accused.
• Lack of sexual contact – No sexual intercourse or conduct occurred, despite allegations.
• Romeo and Juliet exception – Missouri has a limited exception that allows consensual contact between a 14-15 year old and a defendant under 21, if they are within 4 years of age. This does not apply if the defendant is over 21.
• Mistake of age – In some cases, not knowing the alleged victim’s age can be a defense if you reasonably believed they were 17 or older based on their own statements or appearance. However, this is an affirmative defense that the defendant must prove by a preponderance of evidence.
• Constitutional violations – If police obtained evidence against you in violation of your constitutional rights (e.g. illegal search, coerced confession, etc.), your attorney can file motions to suppress that evidence.
• Attacking witness credibility – Your attorney may be able to attack the credibility of the accuser and other prosecution witnesses based on inconsistencies, motives to lie, or past false allegations.

It’s crucial to have an attorney thoroughly investigate your case and build the strongest defense strategy for your unique situation.

Get Help from an Experienced Statutory Rape Defense Lawyer

Statutory rape charges in Missouri are extremely serious and life-altering. A conviction means facing years behind bars, lifetime sex offender registration, and the stigma of being labeled a sex criminal. Beyond that, these charges can impact your family relationships, child custody, employment, housing, and reputation.

If you or someone you care about has been accused of statutory rape, it’s vital that you have an skilled and aggressive statutory rape defense attorney in your corner as soon as possible. At Rose Legal Services, we have decades of experience defending clients facing even the most serious sexual assault and sex crime allegations. We know what it takes to build an effective defense and will fight tirelessly to protect your rights and freedom.

Don’t try to navigate the criminal justice system alone. Contact the statutory rape lawyers at Rose Legal Services today for a confidential consultation. Let us put our experience and dedication to work for you.