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What is the Punishment for Sexual Assault?
Facing a charge of sexual assault will carry severe sentences, especially when associated with aggravating factors such as the use of a weapon. Common sentences include:
- Registration as a sex offender
- Mandatory ankle monitoring bracelet
- Probation for months to years
- Incarceration
Sex crimes involving minors are subject to some of the most harsh sentencing guidelines in the state. If convicted, you will be registered as a sex offender, which prohibits close proximity to schools and other areas.
Other punishments for offenders include:
- Providing and registering their address every 90 days with the state
- Providing a DNA sample, palm print, and photograph
- Having their picture on a website of registered sex offenders
- Providing their common usernames and screen names
- Maintaining a distance of 500 feet from schools and daycares
What are Common Sex Offense Charges?
Some of the most common charges noted within the State of Missouri are:
- Sexual assault
- Rape
- Internet sex crimes
- Sexual battery
- Indecent exposure
- Solicitation of prostitution
- Solicitation of a minor
- Statutory rape
- Child molestation
- Sexual harassment
What is the Age of Consent in Missouri?
In Missouri, a person must be at least 17 years of age to consent to sex. Sexual conduct occurring between a 16-year-old and an adult will warrant statutory rape charges.
An exception to this law is the Romeo and Juliet Law, which states that if both parties are over the age of 14 and under the age of 21, then the sex can be considered consensual and legal. However, if one party turns 21 and the other party is still less than 17 years of age, the adult will be subject to statutory rape charges.
What are the Requirements for Registering as a Sex Offender?
Upon release from prison, sex offenders must register with the state and abide by multiple restrictions. A person may be required to remain on the registry for ten or more years. Some of the following details outline the requirements for registration as a sex offender:
- Informed consent: Offenders must provide informed consent regarding their obligations as registered offenders, including notifying law enforcement of plans to move or travel out of state.
- Registration information: Offenders are required to submit detailed registration information, including personal identity details, address, place of employment, and all accessible and used vehicles.
- Reporting restrictions: Depending on the charged offense, offenders may have certain reporting restrictions, including the ability to near schools
- Public notification: Some offenders may also be required to notify the public, which makes their information available online for anyone to access
Mandatory registration is imposed on offenders charged with the following crimes:
- Child sex trafficking
- Statutory rape
- Sexual conduct with a student
- Child molestation
- Kidnapping a child
- Endangering the welfare of a child
- Promoting child pornography
- Sexual exploitation of a minor
Removal From Registry
Depending on the severity of the conviction, you may be able to petition the court in the county where the offense occurred to remove your name if:
- There have been no subsequent sex crimes.
- A pre-determined number of years have passed.
What are Common Defenses for Sex Crimes?
Every case is different. To be sure you are using the best defense for your circumstances, speak to a lawyer today at Missouri DWI & Criminal Law who will help you decide the best course of action for positive results.
Common defense strategies will be discussed in greater detail below.
- Alibi: The best defense is to be able to prove you were not able to commit the crime. Producing evidence that you were in a different location during the alleged event will help absolve you of a conviction.
- Misidentification: Police lineups and eyewitness reports have an established history of being unreliable. Additionally, while DNA evidence tends to be a smoking gun, there may be evidence of faulty testing that contaminated the evidence.
- Consent: A common defense in these cases is that the victim had consented to the act. Each state has varying laws on rape and consent, but generally, the act must be voluntary, affirmative, and freely given the choice to leave at any time. There are five circumstances when a person is not able to give consent, and are as follows:
- Under the age of consent
- Intoxication or impairment
- Developmental disability or mental incapacitation
- Unconsciousness or sleeping
- The power imbalance that results in a victim feeling unable to refuse
- False accusations: Allegations of false sexual misconduct typically occur between couples and are not a common occurrence.
What are the Social and Professional Consequences of Sex Crime Convictions?
Even when allegations are false or unfounded, the accusation can have far-reaching and lifetime impacts. The social stigma surrounding these crimes can quickly damage reputations, which may lead to isolation and public judgment. Friends, family, coworkers, and acquaintances may choose to distance themselves from an accused offender for fear of damaging their own reputations.
Sex crimes may also affect your career. Employers tend to choose not to retain or hire an offender for fear of liability and reputational damage. A dismissal or a not guilty verdict may still garner these actions due to the stigma surrounding the crime. Certain industries have strict policies prohibiting individuals who have allegations or convictions of these crimes from holding certain positions.
You may also face limitations in where you can live and work, especially if you are registered as an offender.
Do You Need an Attorney?
If you or a loved one have been charged with a sex crime, you need immediate legal defense to secure minimal damage to your reputation and your future. Call Missouri DWI & Criminal Law Center today at 816-846-2219 or fill out a contact form to schedule your free consultation.
