RAPE ALLEGATIONS

Crimes of rape and incest are tried to the highest extent of the law. In Missouri, a person found guilty of rape is considered a “persistent sexual offender” and is subject to life in prison. Rape is considered to be any forceful sexual intercourse by one or more persons against another person without his or her consent. The act can be committed by physical force or by coercion, manipulation or abuse of authority.

Although rape allegations are never something that should be taken lightly, neither are unfounded rape accusations. Unwarranted allegations of rape and sexual assault can lead to false or unfair conviction. Being falsely accused of rape, cane be very damaging, and the results can have tragic consequences.

In some cases, there can be a gray area when rape allegations are made. These gray areas include what could be considered mixed signals, memories deluded by alcohol, and the misunderstanding of what actually constitutes a sexual assault. Sometimes rape accusations are actually cries for attention or an attempt to cover up what might be considered an embarrassing moment. Many times, rape accusations are made by a partner against their former partner to try and “get back” or “get even.”

Chapter 566.030, Rape in the First Degree:

A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

The penalty for first degree rape is five years to life imprisonment. Some more severe rape charges carry mandatory minimum sentences of 15 years or 30 years in prison.

Chapter 566.031, Rape in the Second Degree:

1. A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person’s consent. 2. The offense of rape in the second degree is a class D felony.

If incapacitation of the victim is raised, the state has the burden to show knowledge of the facts or conditions showing incapacitation.

The penalty for second degree rape is up to 7 years but can be more if the prosecution attaches additional charges.