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INCEST

Incest Allegations in Missouri

Incest allegations involve highly sensitive accusations that carry serious criminal penalties and immediate personal consequences. These cases are often emotionally charged, frequently misunderstood, and aggressively prosecuted.

An allegation alone can devastate families, reputations, and careers before any determination of guilt is made. Early legal representation is critical in incest cases, particularly because many begin as investigations rather than arrests.

Experience and Early Defense Matter in Incest Cases

Incest cases present unique challenges. They often arise from family disputes, custody conflicts, or third-party reports rather than direct complaints. Investigators frequently rely on statements, assumptions, and family dynamics rather than physical evidence.

Attorney Thomas Kissell has handled serious felony sex offense cases across Missouri, including allegations involving family members. His experience includes early intervention, investigation-phase defense, and aggressive litigation of credibility and evidentiary issues.

Prosecutors and investigators know which attorneys are prepared to challenge these cases early. That matters.

Why Early Legal Representation Is Critical

Incest allegations are often shaped long before charges are filed.

Investigators form theories early. Statements are gathered early. Once a narrative is documented, reversing course becomes extremely difficult.

In many incest cases:

  • No arrest has occurred
  • No charges have been filed
  • The case exists only as a hotline report or family-initiated investigation

This is the stage where effective defense work can have the greatest impact.

Pre-Investigation Defense Can Limit or Prevent Charges

Early retention allows defense counsel to:

  • Intervene before formal charges are filed
  • Prevent mischaracterization of family dynamics
  • Preserve favorable evidence
  • Expose inconsistencies early
  • Limit the scope of alleged conduct

In incest cases, early defense can mean the difference between no charges, a single count, or felony prosecution.

What Missouri Law Considers Incest

Missouri criminalizes incest based on family relationship, not consent. These offenses do not depend on force, coercion, or lack of consent.

Incest allegations typically involve claims of sexual intercourse between individuals who are related within degrees prohibited by statute.

Incest Under Missouri Law

Missouri Revised Statute 568.020 defines the offense of incest.

A person commits incest if he or she knowingly:

  • Marries or purports to marry
  • Has sexual intercourse

With a person he or she knows to be:

  • An ancestor or descendant by blood or adoption
  • A brother or sister of the whole or half blood
  • An uncle, aunt, nephew, or niece

The statute applies regardless of consent.

Penalties for Incest in Missouri Incest Involving an Adult

When the alleged conduct involves adults, incest is classified as:

  • Class E felony
  • Punishable by up to four years in prison

Incest Involving a Minor

If the alleged victim is under eighteen years of age, the offense is elevated to:

  • Class D felony
  • Punishable by up to seven years in prison

Additional charges may be filed depending on the alleged conduct and circumstances.

Consent and Family Relationship Issues

In incest cases:

  • Consent is not a defense
  • Lack of force is not a defense
  • Family relationship is the central statutory element

These cases often turn on whether the alleged relationship falls within the statute and whether the alleged conduct meets statutory definitions.

Why Incest Allegations Are Often More Complex Than They Appear

Incest cases frequently involve:

  • Family disputes or custody conflicts
  • Third-party reporting rather than direct complaints
  • Inconsistent or evolving statements
  • Pressure from family members or institutions
  • Lack of physical or forensic evidence

An accusation is not proof. The state must establish each statutory element beyond a reasonable doubt.

Bonds and Pretrial Consequences

Bond in incest cases can be substantial, particularly where minors are alleged to be involved.

Defendants may face:

  • Pretrial incarceration
  • No-contact orders
  • Removal from the home
  • Employment consequences
  • Severe reputational harm

The impact often begins immediately after an allegation is made.

How Incest Cases Are Defended

There is no one-size-fits-all defense. Effective representation requires early involvement and careful statutory analysis.

Defense strategies may include:

  • Challenging whether the alleged relationship meets statutory definitions
  • Attacking credibility and inconsistencies
  • Examining motives behind allegations
  • Limiting scope of alleged conduct
  • Preventing improper or prejudicial evidence
  • Suppressing illegally obtained statements

Preparation matters greatly in these cases.

What To Do If You Are Accused of Incest

If you are under investigation or have been accused:

  • Do not speak to law enforcement without an attorney
  • Do not attempt to explain or justify the situation
  • Do not contact alleged witnesses
  • Do not delete messages or digital data
  • Contact an experienced criminal defense attorney immediately

Early mistakes in incest cases are often irreversible.

Confidential Consultation With a Missouri Incest Defense Attorney

Attorney Thomas Kissell of Kissell Law Group has handled thousands of criminal cases across Missouri, including serious felony sex offense allegations.

If you are under investigation, have been contacted by police, or fear allegations may be coming, time matters.

Initial consultations are absolutely free

All consultations are confidential and judgment-free.

Contact Kissell Law Group today to protect your future.

Need Any Help?

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314-669-4394

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816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105