The age of consent for sexual activity under Missouri consent laws is 17 years old. Sexual activity with someone who is under the age of 17 can be considered statutory rape, even if the younger person consents.
A criminal defense lawyer can help protect your rights and mount a strong defense if you are accused of statutory rape.
A criminal defense lawyer can explain the charges against you and the potential consequences, including the penalties you could face if convicted. They can also help you understand your Miranda rights, including your right to remain silent and your right to an attorney.
Your lawyer can investigate the circumstances of the alleged offense and gather evidence to build a strong defense on your behalf. They can interview witnesses, review police reports, and examine physical evidence to determine if there are any weaknesses in the prosecution’s case.
In some cases, a criminal defense lawyer can negotiate with the prosecution to reach a plea bargain or reduced charges. They can also work to mitigate the potential consequences of a conviction by advocating for lesser penalties or alternative sentencing options.
If your case goes to trial, your lawyer can mount a strong defense on your behalf by cross-examining witnesses, presenting evidence, and making arguments to the judge or jury. They can also challenge the prosecution’s case and work to prove your innocence.
Is There Any Way to Defend against Statutory Rape in Missouri?
There are several possible defenses that a skilled attorney can explore, depending on the specific circumstances of your case.
Some of the possible defenses include:
- Romeo and Juliet Law: In Missouri, there is a close-in-age exemption, also known as the Romeo and Juliet Law, which allows for consensual sex between a minor who is between 14 and 17 years old and a defendant who is younger than 21.
- Lack of knowledge of the victim’s age: In some cases, the accused might be able to argue that they genuinely did not know the victim’s age at the time of the incident.
- False accusation: An experienced attorney can help you gather evidence to prove that the alleged victim’s claims are false or fabricated.
An experienced attorney can use a variety of tactics to gather evidence to prove that the alleged victim’s claims are false or fabricated in a statutory rape case. Here’s an example:
Let’s say that the alleged victim in the case is a minor who claims that the defendant engaged in sexual activity with them. The defendant denies these claims and believes that the alleged victim is lying. The attorney may conduct an investigation to gather evidence to support this theory.
The attorney may start by interviewing the alleged victim to determine whether their story is consistent and whether there are any inconsistencies in their statements. They may also look for evidence that contradicts the alleged victim’s story, such as witness statements or physical evidence.
If the attorney believes that the alleged victim’s claims are false, they may also look for evidence that supports this theory. For example, they may look for evidence that the alleged victim has a history of making false accusations or that they have a motive to lie, such as a desire for attention or a grudge against the defendant.
Additionally, the attorney may investigate the alleged victim’s background, such as their social media accounts or online activity, to look for evidence that contradicts their claims. For instance, if the alleged victim claims that they were too scared to resist the defendant’s advances, but their social media activity shows that they were engaging in risky behavior or making sexual comments, this could cast doubt on their credibility.
Furthermore, in some cases, the accused might be able to argue that they genuinely did not know the victim’s age at the time of the incident. Here’s an example:
Let’s say that a 20-year-old man meets a woman at a bar, and they hit it off. They have a few drinks and end up going back to his place, where they engage in consensual sexual activity. The next day, the man finds out that the woman is only 16 years old and immediately stops contact with her.
The woman’s parents find out about the incident and report it to the police, who charge the man with statutory rape. The man argues that he genuinely did not know the woman’s age at the time of the incident and that he had no reason to suspect that she was underage.
To support this argument, the man’s attorney may present evidence that the woman presented herself as older than she was, such as a fake ID or a convincing demeanor. They may also point out that the incident occurred in a bar, where people are typically expected to be over the legal drinking age.
If the jury believes that the man genuinely did not know the woman’s age and had no reason to suspect that she was underage, they may acquit him of statutory rape charges. However, it’s worth noting that this defense may not be available in all cases, as the law typically holds adults responsible for verifying the age of their sexual partners.
What Could Happen If I Am Convicted?
In Missouri, committing statutory rape or statutory sodomy can lead to severe legal consequences, including extended prison sentences and considerable fines. The penalties for both crimes are the same and depend only on the nature of the sexual act.
Penalties for First-Degree Statutory Rape or Statutory Sodomy
First-degree statutory rape or sodomy involves sexual acts with a minor under 14 years of age. These age-of-consent offenses are classified as felonies and are punishable by a prison term ranging from five years to life. If there are aggravating factors or the victim is under 12 years old, the sentence increases to a minimum of 10 years to life in prison.
Penalties for Second-Degree Statutory Rape or Statutory Sodomy
When a person aged 21 or older engages in sexual acts with someone under 17, the legal age of consent in Missouri, it constitutes second-degree statutory rape or sodomy. For example, a sexual relationship between a 16-year-old and a 22-year-old would be categorized under one of these crimes. A convicted defendant would face a class D felony conviction, resulting in a prison sentence of up to seven years or one year in county jail, as well as a $10,000 fine.
Do I Need an Attorney?
If you are facing charges related to the age of consent in Missouri, consult with an experienced Missouri criminal defense attorney as soon as possible. An attorney can help you understand your legal rights, build a strong defense, and navigate the complex legal system.
LegalMatch can help by connecting you with experienced Missouri criminal defense attorneys specializing in cases related to the age of consent. Once you provide your case details, LegalMatch will match you with attorneys who have experience in handling cases similar to yours.
LegalMatch allows you to set up a free initial consultation with a lawyer to discuss your case and ask questions without any obligation. This consultation can help you determine whether the lawyer is a good fit for you and whether you feel comfortable working with them.
Additionally, LegalMatch offers a satisfaction guarantee, meaning that if you are not satisfied with the lawyer you are matched with, you can request a new match at no additional cost.
Don’t risk your future; reach out to a skilled Missouri criminal lawyer today to discuss your case and explore your options.
