Sexual Assault Laws in Missouri

Missouri's main sexual assault crimes are rape and sodomy. Rape in the first degree (sexual intercourse by forcible compulsion, including drugging the victim, or with a person who is incapacitated or cannot consent) carries life imprisonment or a term of not less than 5 years, at least 15 years if it is an aggravated sexual offense, and life without parole for at least 30 years if the victim is under 12; probation is not allowed. Sodomy in the first degree is punished the same way (at least 10 years if aggravated). Rape in the second degree (intercourse knowing the person did not consent) is a class D felony (up to 7 years). Sexual abuse in the first degree (sexual contact by force or with an incapacitated person) is a class C felony (class B if the victim is under 14 or it is aggravated), and sexual abuse in the second degree (contact without consent) is a class A misdemeanor. Age-based offenses are covered on the age-of-consent page.

Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086

Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.

How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.