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STATUTORY RAPE

Statutory Rape Allegations in Missouri

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.

Why Statutory Rape Cases Are Different

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:

  • Consent may not be a defense
  • Intent may not be a defense
  • A mistake about age may not be a defense

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.

Experience and Early Defense Matter in Statutory Rape Cases

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.

Statutory Rape in the First Degree in Missouri

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.

Penalties for First Degree Statutory Rape

Statutory rape in the first degree is one of the most serious crimes under Missouri law.

Possible penalties include:

  • Life imprisonment or a term of years not less than five
  • Extended sentencing if classified as a persistent or predatory sexual offender
  • Lifetime collateral consequences beyond incarceration

No Mistake of Age Defense Applies

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.

Statutory Rape in the Second Degree in Missouri

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.

Penalties for Second Degree Statutory Rape

  • Class D felony
  • Up to 7 years in prison
  • Long-term consequences even without a lengthy prison sentence

Mistake of Age as a Limited Defense Under Missouri Law

Missouri Revised Statute 566.020 governs the availability of a mistake of age defense.

Under this statute:

  • No mistake of age defense is permittedwhen the alleged victim is under fourteen years old
  • A mistake of age defense may be available only if the alleged victim was at least fourteen years old
  • The defense applies only where the offense depends on the alleged victim being less than seventeen
  • The defendant must establish a reasonable beliefthat the alleged victim was seventeen years of age or older

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.

 

Consent Is Often Legally Irrelevant

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:

  • The relationship was voluntary
  • The minor initiated contact
  • There was no force or coercion
  • The parties were in an ongoing relationship

Criminal liability may still attach if the statutory elements are met.

Why These Cases Are Often More Complicated Than They Appear

Although statutory rape laws are strict, not every allegation results in a conviction.

Common issues include:

  • Disputes about the alleged victim’s actual age
  • Timing of alleged conduct
  • Credibility and consistency of statements
  • Digital evidence and communications
  • Scope and number of alleged acts
  • Prosecutorial overcharging

Effective defense requires careful statutory analysis and close examination of the evidence.

Bonds and Pretrial Consequences

In serious statutory rape cases, bond is often extremely high and can reach six figures.

Defendants may face:

  • Pretrial incarceration
  • Immediate employment consequences
  • Severe bond conditions and restrictions
  • Public and reputational harm

In many cases, the consequences begin long before guilt or innocence is determined.

How Statutory Rape Cases Are Defended

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:

  • Challenging whether statutory elements are met
  • Analyzing age and timing issues
  • Evaluating applicability of a mistake of age defense
  • Attacking credibility and inconsistencies
  • Limiting the scope of alleged conduct
  • Preventing improper or prejudicial evidence

Preparation and early action matter.

What To Do If You Are Accused of Statutory Rape

If you are under investigation or have been charged:

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

Early mistakes in these cases are often irreversible.

Confidential Consultation With a Missouri Statutory Rape Defense Attorney

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.

Need Any Help?

Need Any Help, Call Us 24/7 For Support

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314-669-4394

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816-944-3943

Office Address

7513A Forsyth Blvd Clayton, MO 63105