{"id":374528,"date":"2016-03-31T21:35:48","date_gmt":"2016-04-01T02:35:48","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-rape-and-sexual-assault-laws.html"},"modified":"2025-03-18T12:00:08","modified_gmt":"2025-03-18T17:00:08","slug":"missouri-rape-and-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-rape-and-sexual-assault-laws.html","title":{"rendered":"Missouri Rape and Sexual Assault Laws"},"content":{"rendered":"\n
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Missouri Rape and Sexual Assault Laws<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Missouri law prohibits all forms of non-consensual sexual acts<\/a>. This includes anal, oral, and vaginal intercourse as well as contact with any private parts and the hands, mouth, etc.<\/p>\r\n

The legal term for the prohibited sexual act depends on the anatomy involved and whether penetration or intercourse happened. For example, rape<\/a> is defined as a man inserting his penis into a woman’s vagina. Touching a breast is sexual abuse.<\/p>\r\n

The state assesses higher penalties when the offense involves weapons, use of force, or if the person has a prior sex offense conviction. Also, higher penalties may apply based on the victim’s status, such as age or mental capacity. A conviction for an offense involving such circumstances may be an aggravated sexual offense<\/a>.<\/p>\r\n

Children are considered too young to consent to certain sexual conduct in Missouri. Even if a child claims to consent to the sexual act, it’s illegal. This is called "statutory rape<\/a>" or "statutory sodomy." The state considers these acts as rape even if the minor doesn’t believe it to be rape.<\/p>\r\n

Missouri Rape and Sexual Assault Laws: Statutes<\/b><\/h2>\r\n

The table below outlines Missouri’s rape, sodomy, and sexual abuse laws. For more information, visit FindLaw’s Sex Crimes<\/a> section.<\/p>\r\n\r\n
Code sections<\/th>\r\n

Missouri Chapter 566: Sexual Offenses<\/a><\/p>\r\n

Penalty levels<\/th>\r\n

Penalties vary depending on the conduct committed, the force used, and the victim’s age.<\/p>\r\n

Class A felonies<\/b><\/p>\r\n

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  • First-degree rape<\/li>\r\n
  • First-degree child molestation<\/li>\r\n
  • First-degree statutory rape if its an aggravated sexual offense or the victim is less than 12 years old<\/li>\r\n
  • First-degree sodomy<\/li>\r\n<\/ul>\r\n

    Class B felonies<\/b><\/p>\r\n

      \r\n
    • First-degree sexual abuse with serious physical injury, deadly weapon, or of a child under 14<\/li>\r\n
    • Second-degree child molestation<\/li>\r\n
    • Third-degree child molestation if the offense involved the use of forcible compulsion<\/li>\r\n<\/ul>\r\n

      Class C felonies<\/b><\/p>\r\n

        \r\n
      • Second-degree rape<\/li>\r\n
      • First-degree sexual abuse (except as above)<\/li>\r\n
      • Third-degree child molestation (except as above)<\/li>\r\n<\/ul>\r\n

        Class D felonies<\/b><\/p>\r\n

          \r\n
        • Second-degree rape<\/li>\r\n
        • Second-degree statutory rape<\/li>\r\n
        • Second-degree sodomy<\/li>\r\n<\/ul>\r\n

          Class E felonies<\/b><\/p>\r\n

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          • Fourth-degree child molestation<\/li>\r\n
          • Second-degree sexual abuse if it’s an aggravated sexual offense<\/li>\r\n<\/ul>\r\n

            Class A misdemeanors<\/b><\/p>\r\n

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            • Second-degree sexual abuse (except as above)<\/li>\r\n
            • First-degree sexual misconduct if they have a prior sex crime conviction<\/li>\r\n<\/ul>\r\n

              Class B misdemeanor<\/b><\/p>\r\n

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              • First-degree sexual misconduct (except as above)<\/p>\r\n<\/li>\r\n<\/ul>\r\n

                Class C misdemeanor<\/b><\/p>\r\n

                  \r\n

                • Second-degree sexual misconduct<\/p>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Penalties<\/th>\r\n

Punishments for felonies and misdemeanors in Missouri vary by class. The penalty ranges by offense class<\/a> are:<\/p>\r\n

Civil case<\/th>\r\n

After sexual battery<\/a> (harmful or offensive sexual touching), a victim can sue their abuser. A civil lawsuit for financial compensation is separate from any criminal case on sexual offenses. If you’re a victim of sexual assault, you may want to consult with a personal injury attorney<\/a> about suing your abuser.<\/p>\r\n

If someone accuses you of a sex crime, know that a civil suit is possible. In that case, you may need to hire a civil defense attorney<\/a> besides your criminal defense attorney<\/a> or public defender<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing. Contact a <\/i>Missouri sex crime attorney<\/i><\/a> or conduct your own research to verify the state law(s) you are researching<\/i>.<\/p>\r\n

Defenses to Sexual Offenses<\/b><\/h2>\r\n

If someone accuses you of committing a sex crime, seek the advice of a local Missouri sex crime defense attorney<\/a>. Several of the possible defenses<\/a> include:<\/p>\r\n