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Being accused of rape is one of the most serious and life-altering allegations a person can face. These cases move fast, carry extreme penalties, and often turn on credibility rather than physical evidence. An accusation alone can threaten your freedom, career, family, and reputation long before a case ever reaches trial.
Missouri prosecutes rape offenses aggressively. Convictions can carry decades in prison, mandatory minimum sentences, and lifelong consequences. Early legal intervention is not optional in these cases. It is critical.
Not all criminal defense attorneys try rape cases. Fewer have tried multiple-count sexual assault cases to verdict.
Attorney Thomas Kissell has:
That experience matters because prosecutors know who is prepared to litigate aggressively and who is not.
Rape cases are often decided long before a courtroom is ever involved.
Investigators form opinions early. Prosecutors assess credibility early. Once those opinions harden, reversing course becomes exponentially more difficult. Early legal representation is often the difference between charges being filed and cases being rejected entirely.
In many cases:
That stage is often where the most meaningful defense work happens.
Attorney Thomas Kissell has successfully intervened during the investigation phase of rape allegations, before charges were ever filed.
Early retention allows defense counsel to:
In multiple cases, early involvement has resulted in charges being rejected outright by prosecutors.
Once formal charges are filed, the stakes increase dramatically. Avoiding that moment whenever possible is critical.
Under Missouri law, rape involves sexual intercourse without consent. Consent is the central issue in nearly every rape prosecution, but the way consent is defined and argued in court is far more complex than most people realize.
The state may allege lack of consent based on:
Many rape cases involve no physical injuries, no eyewitnesses, and no forensic evidence. Instead, they rely heavily on statements, timelines, digital communications, and assumptions made after the fact.
Missouri Revised Statute 566.030 defines Rape in the First Degree.
A person may be charged if the state alleges sexual intercourse:
The statute also includes allegations involving substances allegedly administered without the person’s knowledge or consent that rendered them incapable of informed consent.
Rape in the first degree is among the most serious felony charges in Missouri.
Possible penalties include:
Missouri Revised Statute 566.031 defines Rape in the Second Degree.
A person may be charged if the state alleges sexual intercourse occurred while the accused knew the other person did not consent. Unlike first degree rape, this charge does not require allegations of force.
If incapacitation is alleged, the prosecution must prove not only that the person was incapacitated, but that the accused knew of the condition at the time.
Rape cases are rarely as straightforward as police reports suggest. Many involve gray areas that demand careful, experienced legal analysis.
Common issues include:
An accusation does not equal proof. The state must still meet its burden beyond a reasonable doubt, even when emotions run high.
Rape allegations must always be taken seriously. At the same time, false or unfounded accusations do occur. When they do, the damage can be devastating.
We see false allegations arise from:
Our role is not to judge. Our role is to protect your rights, expose weaknesses in the prosecution’s case, and ensure the truth is tested in court rather than assumed.
In rape cases, bond is often set in six figures, even before guilt or innocence is ever determined.
This can result in:
In many situations, the accusation alone is enough to require immediate legal representation.
Rape allegations threaten far more than liberty.
They put at risk:
For many clients, early legal intervention is not just about defending a case. It is about preserving their life as they know it.
Every rape case is different. There is no one-size-fits-all defense. Effective representation requires early action, evidence preservation, and a willingness to challenge the state aggressively.
Defense strategies may include:
These cases are won through preparation, not reaction.
If you are under investigation or have been charged:
Early mistakes in sex offense cases are often irreversible.
Attorney Thomas Kissell of Kissell Law Group has handled thousands of criminal cases across Missouri, including serious felony and sex offense allegations. He brings real trial experience, early investigation intervention, and aggressive defense to rape cases.
If you are under investigation, have been contacted by police, or fear allegations may be coming, do not wait.
All consultations are confidential and judgment-free.
Contact Kissell Law Group today to protect your future.
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