What is the difference between sexual assault and rape? While “sexual assault” is commonly used informally to describe various sex crimes, the law doesn’t recognize it as a specific, standalone offense. Instead, Missouri law outlines a range of specific sex crimes, each with precise definitions and corresponding penalties. No matter the charge, though—sexual assault or rape—the Combs Waterkotte criminal defense attorneys know that facing either is life-altering, with long-term if not permanent consequences including prison, fines, and mandatory registration as a sex offender. We’re here to help.
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Defining Sexual Assault and Rape in Missouri
Understanding the sex crime distinctions in Missouri is crucial to knowing the charges against you and strategically planning your defense. These sex crimes, defined in Missouri Revised Statutes Chapter 566, are:
Rape & Sodomy
Under Missouri law, an individual commits the offense of rape if they have sexual intercourse with another individual who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Sodomy occurs when an individual has deviate sexual intercourse with another individual who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Both offenses are classified by degree:
- Rape in the first degree and sodomy in the first degree are unclassified felonies, punishable by 5 to 30 years or life imprisonment. These offenses are not eligible for probation.
- Rape in the second degree and sodomy in the second degree are Class D felonies, carrying a potential prison sentence of up to 7 years.
Sexual Abuse
Missouri defines sexual abuse as subjecting another individual to sexual contact without their consent which is defined as any touching of another individual’s genitals, anus, or breast, either directly or through clothing, for the purpose of arousing or gratifying the sexual desire of any individual.
- Sexual abuse in the first degree is a Class C felony, carrying a possible sentence of up to 7 years in prison. Sexual abuse in the second degree is a class A misdemeanor, punishable by up to 1 year in jail.
Sexual Misconduct
An individual commits the offense of sexual misconduct in Missouri if they expose their genitals under circumstances in which they know their conduct is likely to cause affront or alarm; if they have sexual contact in the presence of a third person or persons under circumstances in which they know that such conduct is likely to cause affront or alarm; or if they have sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
- Sexual misconduct in the first degree is a class B misdemeanor, resulting in up to 6 months in jail and/or a $1,000 fine.
- Sexual misconduct in the second degree is a class C misdemeanor, carrying up to 15 days in jail and/or a fine up to $700.
How the Combs Waterkotte Criminal Defense Attorneys Can Help
Facing a serious criminal charge like sexual assault or rape can be daunting. Having a skilled Combs Waterkotte defense attorney by your side is crucial to protecting your future and freedoms. Our dedicated legal team will:
- Protect Your Rights: We’ll make sure your constitutional rights are upheld every step of the way, from the initial arrest to the conclusion of your case.
- Conduct a Thorough Investigation: Our team thrives in digging deep into the allegations, uncovering evidence to strengthen your defense and challenge the prosecution’s claims.
- Negotiate on Your Behalf: In many cases, we can negotiate a more favorable outcome with the prosecution, possibly reducing or even dismissing charges.
- Deliver Strong Advocacy in Court: If your case goes to trial, we’ll present a compelling defense, working relentlessly to cast reasonable doubt at every turn.
Wondering the Difference Between Sexual Assault and Rape? Contact Combs Waterkotte Today
Your future is too important to leave to chance. Let the Combs Waterkotte criminal defense lawyers fight for the best possible outcome. Call us now at (314) 900-HELP or reach out online to schedule a free, confidential consultation where you can discuss the specifics of your case with an expert.
