Top 10 Questions Related to Sex Crime Charges

At the Law Offices of Jason A. Korner in St Louis, we get all kinds of questions related to sex crimes. Of course, we get all kinds of questions about all kinds of crimes. Yet sex crimes in Missouri seem to really confound many.

At the Law Offices of Jason A. Korner, we thought it would be a good idea to share our top 10 questions related to sex crime charges.  We present these as they were asked, deleting only expletives and names. We hope this helps and if ever you are facing charges for any crime in St. Louis, Missouri, give us a call.

  1. My Boyfriend and I had sex under the Arch in St. Louis. Was that a Crime?

Yes. The crime is Sexual Misconduct in the First Degree and carries a possible penalty of up to six months in jail and maximum $500 fine (Missouri Revised Statute Section 566.093 (Pre-December 31, 2016. Starting January 1, 2017.)) Oh, and you and your boyfriend will both have to register as sex offenders.

If you are facing such charges, you both really need an attorney who knows how to help. Call 314-409-2659 now.

  1. Are there Sex Offenders Living Near Me/in My Neighborhood? I Live in St. Louis, MO.

This is perhaps one of the largest concerns among many families today. Realtor friends report that one of the top questions they get from prospective home buyers is whether there is a sex offender living nearby. In fact, according to those same friends, the existence of a sex offender in a neighborhood drives down home values.

So this subject is of serious concern to anyone facing any sex crime charges. A guilty verdict will label you a sex offender for life. You will always live in the least valuable locations. You will always be subject to increased public scrutiny. You will always have to register your location with authorities. You will always be required to make your home address public. You will never be permitted near children not your own. And you may have restrictions regarding your own child. Finally, your face will appear on such websites as:

In addition, should you be found guilty of any sexual crime, prison life will be quite unfriendly to you. If your sexual crime involved a child, you will be even more uncomfortable. Prison could even prove deadly for you.

So if you are facing criminal charges related to any sexual offense in the State of Missouri, you need the best attorney right away. It doesn’t matter whether the charges are state or Federal, attorney Jason A. Korner can help. Call him now at 314-409-2659.

If you would like more information about the National Sex Offender Registry and more, contact SMART (the Office of Sentencing, Monitoring, Apprehending, Registering, and Tracking Sex Offenders).

  1. They’re Calling it Rape. What did I do? I thought she wanted all of us.

Step one – tell them you will answer no further questions without your attorney present then give tell them to call Jason A. Korner.

Step two – say nothing further until I am at your side. Then we will discuss what more needs said.

Here is your reality. You are in a he-said, she-said situation. There may be bodily fluids and DNA involved. There are likely several stories being collected about the event from everyone who was present and in custody. You know nothing of whatever has been said by others. Some are seeking only to save their scalp. Others may just be stupid. Not you. You called your attorney and he is going to get to the bottom of things before they get too ugly.

If you get tempted to answer any questions before I get there, remember your Miranda warning,

“What you say can AND WILL be used against you in a court of law.”

Your words will convict you if you speak any, so don’t. Call me. I’ll speak for you.

That number is 314-409-2659.

  1. In Defending these Charges of Rape, Will the Sexual History of My Ex be Put Out There?

If it goes to court, that may or may not happen. Missouri Law permits the judge latitude in deciding whether a victim’s history may be permitted on the record. If you are concerned about her history or yours, make this known to your attorney. He can then decide how best to use the information to ensure the best outcome for your situation.

  1. We’ve been Having Consensual Sex for Months; How Can She call it Rape?

Rape can occur at any point in any relationship, from ‘just met’ to ‘been knowing for decades.’ Missouri law does not distinguish rape by timeline, but by the act that occurs. When there is penetration of the vagina by a penis and it is without the consent of one party, it is rape under Missouri law. By referring to ‘one party,’ the law is open to such charges against women as well.

In your case, it sounds like the two of you had a break in communication; a very important communication regarding sex. Now you need a good attorney by your side. Maybe you got a little too aggressive and frightened her. We’ll deal with that. Right now, you need to keep quiet and call the Law Offices of Jason A. Korner, St. Louis, MO.

  1. Is there such a thing as Homosexual Rape? Can a Homosexual be Raped?

Yes and no. Under current Missouri statute, rape is defined as an act committed to a woman. However, starting January 1, 2017, first-degree rape is

“sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion” – MO Rev Statute 566.030.1

Under the new statute, the law is open enough to permit rape charges involving homosexual acts.

  1. Sexual Battery…Rape…Sodomy. What’s the Difference?

The key differences between each of the above mentioned sex crimes is whether there was…

  1. Penetration – The key element in determining the type of sexual crime charge to render in a case is whether there was penetration by the sex organs. Thus, sexual battery is charged when there was sexual activity but no penetration. Rape involves penetration. And sodomy involves anal penetration; “deviate sex” as defined by Missouri Revised Statute 566.060 (see box).
  2. Willingness – Was the presumed victim willing to engage in the sexual act? If the prosecution can prove that the victim was not willing, that is legally able to consent but did not, then the charges will stand. The job of your defense attorney will be to prove your lack of guilt. Damaging the prosecution argument will be important to your case.
  3. Ability to consent – Was the presumed victim legally able to consent? Some of the questions which will arise when considering consent include:
  • Where drugs involved?
  • Legal drugs or illegal?
  • Was there subterfuge involved (i.e. the use of Rohypnol – roofies, the date rape drug)?
  • Was the victim of the age of consent (over 17 in Missouri)?
  • Was the victim under the age of 12?
  • What was the mental capacity of both parties?
  • Where either mentally-incapacitated in any way?
  • Mentally-challenged?
  • Legally insane?
  • Temporarily insane?

Having the legal ability to consent to sex is a key element in determining whether there was a sexual crime between two parties. Thus, Missouri law changes on January 1, 2017 in a key way regarding consent.

As you will see with virtually any sex crime in the United States and Missouri, these three concepts play key roles. These three concepts (The act, the willingness of both parties, and consent) help define sex crimes. These same three concepts convict those who are guilty of such crimes. Yet, these three concepts can also be used in your defense. You need an attorney who knows how to do so.

Part of the defense strategy in any sex crime case would be to ensure that the Prosecution is defining what actually happened. There is virtually always a disconnect between what a presumed victim is claiming as compared to what a defendant is claiming. It is within that disconnect that the case is either won or lost. Having an attorney on your side who understands that is key to winning your case.

Attorney Jason A. Korner has worked on both sides of the aisle. He understands what the prosecutor’s do and how they do it. He knows how to navigate the legal jungle. He was worked throughout Missouri and has lectured extensively on how to properly defend such cases. He can help you through this. Why not call him now at 314-409-2659.

  1. What is the Maximum Penalty for any sex crime conviction [in Missouri]?

Penalties for sex crimes in Missouri vary considerably. All depend on the exact charge, the degree of force applied, and the age of the victim.

  • A minor sex charge would be a Class A Misdemeanor. A conviction would mean up to one year in jail and up to $1000 fine.
  • On the other end, a Class A Felony is a more serious sex crime charge. Sentences range from 10 and 30 years to life.
  • Class B Felony – incarceration 5-15 years
  • Class C Felony – incarceration up to seven years; fine up to $5000
  • Class D Felony – incarceration up to four years; fine up to $5000
  • Civil Suits – In every case wherein someone has been a victim to a sexual crime, civil lawsuits can be expected. You need an attorney skilled in handling both cases.

 

  1. How Many Distinct Sex Crimes are on the Books in the United States?

Until just a few decades ago, there were no Federal sex crimes. What laws pertaining to sex crimes that did exist were varied and confusing from state to state. Today, most of the Federal laws are quite specific and difficult to combat.

There are 22 specific sex crimes in the United States. Some of these are state-specific crimes. Some of these are Federal. In the case of all Federal sex crime there is a corresponding state crime. Here are the specific sex crimes around America and a brief description of each…

  • Statutory Rape – sexual intercourse with a minor
  • Sexual Battery – unwanted sexual contact without intercourse
  • Prostitution – providing sexual favors for profit
  • Child Enticement and Endangerment – refers mainly to the Internet practice of coaxing children using online chat rooms, social media, and similar conversation tools.
  • Transmitting a Sexually Transmittable Disease (STD) – This was made a crime in many states after a series of HIV-infected persons made it known that they were having unprotected sex with others, knowingly exposing others to the AIDS virus. The view is that in some cases, knowingly transmitting a STD is the equivalent to murder. In the case of Missouri, the statute only and specifically applies to HIV and hepatitis.
  • Marital Rape – forcing sexual intercourse on a spouse against his/her consent. In Missouri, marital rape is a Class C Felony.
  • Sexting – sending/receiving sexually explicit images via text message. Missouri has no laws forbidding sexting between consenting adults. Child pornography laws apply to images. Age 18 is the minimum age for both appearing in and consenting for such images.
  • Sexual Offenses – Some states have extremely vague crimes on their books relating only to sexual offenses. What these are exactly is anyone’s guess. Anything and everything. Also determined unconstitutional by the United States Supreme Court.
  • Rape – An act of sexual violence including forced intercourse with an unwilling victim, whether of the opposite or of the same sex.
  • Date Rape – Viewed by many young people as less violent, date rape remains one of the largest problems around college campuses. Generally, involves substances both legal and illegal. Date rape is still rape. It is a crime in every state.
  • Sexual Assault – is unwelcome touching or groping in a sexual manner, generally involving the genitals of at least one party but no intercourse.
  • Aggravated Sexual Assault – sexual assault with objects involved. These could be sex toys, foods such as produce, tools, bottles, or any other object. However, this law is more specifically geared towards acts of violence, so generally, these charges involve objects such as guns and knives. These are used in a menacing way to coerce cooperation with the assault.
  • Sexual Misconduct – In the states which have sexual misconduct laws, this usually is regarded as inappropriate activities which are covertly sexual in nature. For instance, in Missouri public exposure of the genitals is charged as sexual misconduct.
  • Sodomy – anal sex. Though declared legal in all 50 States by the United States Supreme Court, some states continue to carry these laws on the books. Occasionally, some zealous prosecutor will produce these charges.
  • Sodomy Prosecutions in the Military – The military has its own rules.
  • Sex Offense Appeals – Naturally, if you have sex offenses, there must be a law permitting appeals. Every state and the Federal government have law specific to appealing sex offense cases.
  • Incest – Although less is heard of incest today, it is still illegal in all 50 states. Of course, each state has its own definition of incest. In Missouri, incest extends to one generation removed: Uncle, Aunt, nephew, or niece. It is a Class E Felony.
  • Public Lewdness – Earlier in this article, we answered the question from the couple who admitted having sex under the Arch in St. Louis. Ok. Sure. Who hasn’t contemplated an elevator, a beach at night, a parked car, behind the curtain when the Merry-Go-Round is closed at the County Fair…but there is a difference between thinking about and doing. That is why we have a business. People do. And people get arrested. Parked car seems to be the top arresting location BTW for crimes of this nature.
  • Sexual Harassment at Work – Once a major issue in the politics and news of America, sexual harassment on the job remains a crime. In many locations, these laws have been extended as well to public schools and universities to govern student-teacher relations. Sexual Harassment in Missouri workplaces is prohibited by the Missouri Department of Labor. The Missouri Human Rights Act protects workers in companies employing six or more.
  • Upskirting – This is the act of taking surreptitious photos and video up the skirts of women. The media is then uploaded to the Internet without the victim’s knowledge. This is not yet a crime in every state but many are catching on. At present, Missouri does not have a specific law addressing the taking of upskirt photos. However, a savvy prosecutor may well use current law to charge a crime should the situation present itself. Regardless, if you are charged with such a crime or any sex-related crime, you need an attorney at your side.
  • Revenge Porn – It has been said that a person should be careful with whom they sleep. Today, it is equally important whom you allow to film your sleeping habits. When your ex submits your film career to the world via the web, it is called revenge porn. It already illegal in some states. Get ready. If you have an ex and great footage, don’t do it. And if you do, we happen to know a great attorney. Get in touch.
  • Indecent Exposure – Indecent exposure is one of those old favorites. Movies expose a flasher for comic relief, comics use the flasher for cheap jokes. And in some communities, public nudity is permitted. Yet, most communities would prefer that people keep their genitals covered. Even if you were just stopping on the side of the road to ease nature, if you are facing these charges, you need an attorney. These charges will still result in you being labeled a sex offender for life.

 

  1. How do I Find the Right Attorney to Handle a Sex Crime Charge?

The job of a Defense Attorney is to vigorously defend the client’s innocence; to the best of his abilities demonstrate that his client is innocent of the charges leveled against him; and/or to call into question the veracity of the charges.

So when choosing an attorney, choose one who knows when to recommend taking a deal and when to fight. When do you fight? When it makes sense.

It makes sense to fight when you are innocent.

So before you decide to just accept the charges and plead guilty, throwing yourself on the mercy of the court—and throwing away your life—ask yourself a few questions then give Jason A. Korner a call. Ask,

  • Is my accuser credible?
  • Did I intend to commit the crime the Prosecutor claims I committed?
  • Do I really believe I am guilty?
  • If so, do I believe I should pay for my crime for the rest of my life?
  • Will I feel this way in 10 years?
  • How will this affect those I love?

The bottom line is that if you are facing charges of a sex crime in Missouri, you need an attorney who knows the law and how to vigorously defend your innocence. You need to fight these charges, whether you believe yourself guilty or not. If you are guilty, you may feel enough guilt to just surrender to the system…

…Wrong move. Call the Law Offices of Jason A. Korner now to find out why. The number is 314-409-2659. Start dialing.

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