The Consent Defense in Missouri. When it comes to criminal charges in Missouri, one of the most effective defense strategies that can be used is the consent defense. In situations where the alleged victim willingly participated in the conduct or act that is being questioned, proving that the individual gave clear, voluntary, and informed consent can be crucial to securing reduced charges or an acquittal.
Hiring an experienced criminal defense attorney is essential when invoking the consent defense. The Combs Waterkotte legal team has more than 40 years of experience building robust defense strategies and has successfully handled over 10,000 cases just like yours.
What is the Consent Defense in Missouri?
The consent defense is built on the argument that the alleged victim consented to the conduct or action in question. The Combs Waterkotte expert defense attorneys use this defense to negate your criminal intent by showing that both parties agreed to engage in the behavior. To successfully use the consent defense, our lawyers will show that the alleged victim:
- Clearly understood the nature of the conduct.
- Voluntarily participated in the activity without coercion or duress.
- Had the legal capacity to provide consent – meaning they were of age, sound mind, and not under the influence of drugs or alcohol.
In addition to demonstrating that consent occurred, you must also prove that the individual who gave consent was legally able to do so. Simply stating that someone consented to certain conduct or actions isn’t enough. Consent will be considered inapplicable if:
- The consent was not voluntarily given, obtained by force or duress.
- The consent was given by an individual who is legally unable to consent by virtue of being underage, having a mental disorder, or being intoxicated.
- The law does not allow the victim to consent, like in the case of statutory rape.
- The consent was given by an individual who doesn’t have authorization to provide consent. For example, a person can’t consent to the taking of his cousin’s vehicle because he doesn’t have authorization or ownership to dictate what happens to the vehicle.
The Importance of Expert Legal Representation from Combs Waterkotte in a Consent Defense
While the consent defense can be a powerful strategy, its success frequently hinges on thorough investigation and persuasive argumentation. Working with a skilled Combs Waterkotte criminal defense lawyer is critical to effectively raising this defense because of:
Expertise in Missouri Criminal Law
Missouri’s statutes regarding consent vary depending on the type of crime. An experienced Combs Waterkotte attorney knows how to deal with these complexities, ensuring that all elements of the case are meticulously evaluated.
Proving Valid Consent
Establishing valid consent requires more than just stating that the alleged victim agreed to the conduct. Your attorney must provide evidence showing that the consent was given freely and knowingly. This could involve presenting witness testimonies, text messages, or other forms of communication that demonstrate the alleged victim’s willingness to participate. A resourceful Combs Waterkotte lawyer can also investigate potential coercion or duress.
Personalized Attention to Your Case
At Combs Waterkotte, we pride ourselves on offering client-centered defense strategies. We make sure your voice is heard and your rights are protected. Every case is unique, and a one-size-fits-all approach won’t work when it comes to the consent defense in Missouri. Your attorney will provide personalized attention to your case, taking the time to understand your perspective, gather all relevant evidence, and build a defense tailored to the specifics of your situation. You’re not another number here.
Types of Cases Where the Consent Defense is Commonly Used
While the consent defense can be used in a variety of criminal cases, the Combs Waterkotte defense lawyers see it most commonly employed in the following areas:
- Assault and Battery Cases: In some cases of assault and battery – mostly seen in contact sports, like boxing or martial arts – the defense might argue that the alleged victim consented to the physical interaction. The key factor here is that both parties must have understood and agreed to the nature of the potential harm.
- Sexual Offense Cases: The consent defense is often raised in sexual offense cases, where the defense claims that the alleged victim agreed to engage in the sexual act. Missouri law requires that consent must be freely given, meaning that there was no coercion, deception, or force involved. This defense can be challenging to prove, especially when it comes down to conflicting testimonies.
- Property Crimes: In certain theft or burglary cases, the consent defense may be used to show that the alleged victim granted permission for the defendant to take or use the property. For example, if someone lends their car or allows another individual to use an item, they can’t later accuse the person of theft, provided the agreement was clear.
Why Personalized Attention Matters in Your Consent Defense
Combs Waterkotte understands the stress and uncertainty you face during this trying time. Our attorneys offer compassion, dedication, and client-centered attention to your defense. We focus on:
- Clear, Open Communication: We keep you informed every step of the way.
- Client Advocacy: Our defense team is committed to protecting your future and ensuring the best possible outcome.
- Tailored Defense Strategies: No two cases are alike, and we build your defense based on your unique circumstances.
If you’re facing charges where the consent defense might apply, having a skilled attorney be your side is essential. Our law firm has the resources and expertise to help you through the complexities of your case and fight for your rights. Call Combs Waterkotte right away at (314) 900-HELP or reach out online for a free, confidential consultation.
