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Statutory rape allegations are among the most serious criminal charges under Missouri law. Unlike many other sex offenses, these cases do not focus on force, threats, or coercion. Instead, they turn almost entirely on age as defined by statute.
Many people accused of statutory rape are shocked to learn that consent may be legally irrelevant and that a belief about a person’s age may not be a defense. The penalties are severe, and the consequences can follow someone for life.
Early legal representation is critical in these cases.
Statutory rape is treated as a strict liability offense in Missouri in many circumstances. This means the prosecution does not need to prove force, coercion, intent, or lack of consent.
Depending on the charge:
Missouri law does recognize a limited mistake of age defense, but only in specific situations defined by statute. Understanding when that defense applies, and when it does not, is essential.
Statutory rape cases carry extreme exposure, including potential life imprisonment. Early legal intervention can affect charging decisions, bond, pretrial conditions, and the scope of alleged conduct.
Attorney Thomas Kissell has handled serious felony cases across Missouri, including sex offense allegations carrying life sentences. His approach emphasizes early statutory analysis, evidence evaluation, and aggressive defense before the prosecution’s narrative becomes fixed.
Waiting to retain counsel in these cases can permanently limit available defenses.
Missouri Revised Statute 566.032 defines Statutory Rape in the First Degree.
A person commits this offense if he or she has sexual intercourse with another person who is less than fourteen years of age. Attempted statutory rape in the first degree is treated the same as a completed offense for sentencing purposes.
Statutory rape in the first degree is one of the most serious crimes under Missouri law.
Possible penalties include:
When the alleged victim is under fourteen years old, Missouri law expressly provides that a belief about age is not a defense under any circumstances. Even a reasonable mistake as to age is legally irrelevant.
Missouri Revised Statute 566.034 defines Statutory Rape in the Second Degree.
A person may be charged if, being twenty-one years of age or older, he or she has sexual intercourse with another person who is less than seventeen years of age.
This offense does not require proof of force, threats, or coercion.
Missouri Revised Statute 566.020 governs the availability of a mistake of age defense.
Under this statute:
This defense does not apply to statutory rape in the first degree and is narrowly construed in second degree cases. It is not automatic and depends heavily on the facts, evidence, and statutory elements.
Even when a mistake of age defense may be available, Missouri law makes clear that consent alone is not a defense in statutory rape cases.
This means that even if:
Criminal liability may still attach if the statutory elements are met.
Although statutory rape laws are strict, not every allegation results in a conviction.
Common issues include:
Effective defense requires careful statutory analysis and close examination of the evidence.
In serious statutory rape cases, bond is often extremely high and can reach six figures.
Defendants may face:
In many cases, the consequences begin long before guilt or innocence is determined.
There is no one-size-fits-all defense in statutory rape cases. Effective representation requires early involvement and aggressive statutory analysis.
Defense strategies may include:
Preparation and early action matter.
If you are under investigation or have been charged:
Early mistakes in these 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.
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.
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