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Rape Laws in St. Louis and Missouri
There are four types of rape under Missouri law.
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Rape in the First Degree
Under Missouri Revised Statute §566.030, a person can be charged with first-degree rape if they have "sexual intercourse," defined in Missouri Revised Statute §567.010 as "any penetration, however slight, of the female genitalia by the penis," with someone who:
- Is incapacitated
- Is incapable of consent
- Lacks the capacity to consent
- Was forcibly compulsed through violence or threats
- Was drugged without their knowledge or consent
The punishment for first-degree rape is five years to life imprisonment. However:
- If the offense is an aggravated sexual offense, meaning the alleged victim was seriously harmed, a dangerous weapon or object was used to threaten them, there is more than one alleged offender or the alleged offender was a family member, the sentence is 15 years to life.
- If the alleged offender is a persistent or predatory sexual offender, the sentence is life in prison without parole.
- If the alleged victim was less than 12 years old, the sentence is life in prison, with the possibility of parole after 30 years, or the possibility of parole after 15 years if the alleged offender is at least 75 years old.
- If the alleged victim was less than 12 years old and the crime was "outrageously or wantonly vile, horrible or inhumane," and involved torture or other aggravating factors, the sentence is life in prison without the possibility of parole.
People convicted of committing or attempting first-degree rape are eligible for a suspended sentence.
Rape in the Second Degree
Under Missouri Revised Statute §566.031, a person commits second-degree rape when they have sexual intercourse with someone knowing that they do not have that person's consent. It is a class D felony, which carries with it up to 7 years in prison and/or a fine of up to $10,000.
Rape in the second degree can be complicated because the law itself is vague. While it does not require forcible compulsion or an alleged victim being unable to consent, the alleged victim's silence can be seen as either consent or not consent depending on the judge, jury and how your defense lawyer argues in court.
Sodomy Laws in Missouri
Missouri also has laws against sodomy in the first degree and sodomy in the second degree, the definitions of which and sentencing for are largely similar. Sodomy is defined as "deviant sexual intercourse," or any act involving the genitals and a hand, finger, mouth, tongue or anus of another person or an object.
Apart from the definition of the act, the only difference between Missouri rape laws and sodomy laws is that if someone is convicted of an aggravated sexual offense while committing sodomy, the minimum sentence is 10 years and not 15.
