What are the penalties for sexual assault in Missouri? Being accused of sexual assault in Missouri is a life-changing event that can leave you feeling overwhelmed, unsure of what to do next, and ashamed. The stakes are incredibly high—your reputation, freedom, and future may all be on the line. Whether you’re facing these charges yourself or supporting a loved one through this difficult time, understanding the potential penalties is an important first step toward navigating the legal process.
Below, we’ll break down the penalties for sexual assault in Missouri, as well as the long-term consequences and what you can do to protect your rights.
Definition of Sexual Assault in Missouri
In Missouri, there are several different degrees or types of sexual assault, or rape:
- Rape in the first degree (RSMo §566.030) — Having sexual intercourse with another person who is incapacitated, incapable of consent, lacks the ability of consent, or through forcible compulsion (which can include drugging someone).
- Rape in the second degree (RSMo §566.031) — Having sexual intercourse with another person knowing they do not have their consent.
- Statutory rape in the first degree (RSMo §566.032) — Having or attempting to have sexual intercourse with someone under 14 years old.
- Statutory rape in the second degree (RSMo §566.034) — Being 21 years old or older and having sexual intercourse with someone under 17 years old.
- Sexual abuse in the first degree (RSMo §566.100) — Subjecting another person who is incapacitated, incapable of consent, lacks the ability of consent, or through forcible compulsion to sexual contact.
- Sexual abuse in the first degree (RSMo §566.101) — Purposely subjecting another person to sexual contact without that person’s consent.
Consent, under Missouri law, must be freely given and can be withdrawn at any time. Situations where someone is incapacitated—due to alcohol, drugs, or unconsciousness—often form the basis of these charges, as the law assumes they were unable to consent.
For example, a sexual assault charge could result from:
- An encounter where one party claims they did not give consent.
- A situation involving coercion or threats.
- An alleged victim being under the influence and unable to provide valid consent.
- The alleged victim being underage.
Every case is different. If you’re facing charges, consulting an experienced St. Louis-based criminal defense attorney is your best step forward.
Penalties for Sexual Assault in Missouri
Sexual assault is a serious crime in Missouri, and the penalties reflect the gravity of the offense. The sentencing guidelines in Missouri vary based on the specific charge:
- 1st degree rape:
- A prison term of 5 years to life
- 15 years to life for an “aggravated” sexual offense
- Life without the possibility of parole for a “persistent” or “predatory” sexual offender
- Life with the possibility of parole after 30 years if the alleged victim is under 12 years old
- Life without the possibility of parole if the alleged victim is under 12 years old and the alleged rape included torture or other inhumane acts
- 2nd degree rape is classified as a class D felony, which carries with it a prison term of up to seven years
- 1st degree statutory rape:
- A prison term of 5 years to life
- 10 years to life for an aggravated offense, or if the alleged victim was under 12 years old
- Life without the possibility of parole for a “persistent” or “predatory” sexual offender
- 2nd degree statutory rape is also classified as a class D felony
- 1st degree sexual abuse:
- A class C felony, which carries with it a prison term of three to 10 years
- A class B felony if it is an aggravated offense or the alleged victim is under 14, which carries with it a prison term of five to 15 years
- 2nd degree sexual abuse:
- A class A misdemeanor, which results in up to one year in jail and a fine of up to $2,000
- A class E felony if it is an aggravated sexual offense
What Are Aggravated Sexual Offenses in Missouri?
Aggravated sexual offenses lead to enhanced penalties or elevate the charge to a more serious offense. Aggravating factors include:
- Inflicting serious physical injury
- Using a weapon
- Forcing the alleged victim to have sex with more than one person
- Being previously convicted for another sex crime, or a sex crime involving children, such as child pornography
- Knowingly raping a family member
- Being a persistent or predatory sexual offender (someone already convicted or rape, attempted rape, or other sex crimes)
Long-Term Consequences of a Sexual Assault Conviction in Missouri
A conviction for sexual assault in Missouri doesn’t end with serving time or paying fines. The long-term consequences can follow you for the rest of your life, impacting everything from where you live to how others perceive you:
Sex Offender Registry
If convicted, you’ll likely be required to register as a sex offender under Missouri law. This entails:
- Your name, photo, and offense details will be accessible to the public.
- You may be barred from living near schools or parks and could face significant difficulty finding work.
- You’ll need to regularly update your information with local law enforcement, sometimes for the rest of your life.
Reputation and Relationships
The stigma of being labeled a sex offender can affect your:
- Personal relationships with family, friends, and loved ones.
- Professional opportunities, as employers are often hesitant to hire individuals with a criminal record.
- Social standing within your community.
Other Life-Altering Impacts
- Convictions can result in losing your several rights, including the rights to vote, own firearms, or participate in certain activities.
- The stress, anxiety, and shame associated with a conviction can weigh heavily on you and your loved ones.
Accused of Sexual Assault in Missouri? Call Combs Waterkotte
Facing a sexual assault charge is one of the most challenging experiences you or your family may ever go through. At Combs Waterkotte, we don’t just defend cases—we fight for futures.
Our experienced criminal defense attorneys have successfully defended clients across Missouri, combining deep legal and trial expertise with a compassionate, client-focused approach. Here’s why we’re the right team to stand by your side:
- We have a track record of achieving favorable outcomes in court, including not guilty verdicts, even in complex sex crime cases.
- Your concerns are our priority. We listen, strategize, and fight for the best possible resolution for your case.
- Based in St. Louis, we proudly serve clients throughout Missouri, bringing resources and expertise wherever they’re needed.
If you or a loved one is facing a sexual assault charge, don’t wait. The sooner you act, the better your chances of protecting your rights and your future. Contact us online or call (314) 900-HELP for a free case review.
