Rape / Date Rape

Rape / Date Rape

Very few criminal accusations have the impact that rape does on the life of an accused. Even without a conviction, the life of an accused can be turned upside down when the accusations involve rape. Prosecutions for rape can also be very challenging, particularly when the alleged victim and the defendant knew each other prior to the conduct in question. If you have been charged with rape in Kansas or Missouri it is imperative that you consult an experienced criminal defense attorney immediately to ensure that your rights are protected throughout the prosecution of the case.

In the State of Kansas, rape is defined as “intercourse without consent” when force or fear was used or when the alleged victim was unconscious or physically powerless. It is also considered rape if the alleged victim was under the age of 14 or when consent was obtained through a “knowing misrepresentation” that the conduct was medically, therapeutically, or legally required. Rape is charged as a level 1 or level 2, person felony in Kansas, meaning the presumptive sentences for an offender with no criminal history start at 155 and 117 months respectively.

Rape is defined as non-consensual sexual intercourse in Missouri and can be charged as a first degree felony if the alleged victim was incapacitated, incapable of consenting, lacked the capacity to consent, or was subject to forcible compulsion. If convicted, you could be sentenced to mandatory time in prison up to, and including, life as determined by the facts of the case. Rape can also be charged as a Class D felony in Missouri if the allegations are limited to sexual intercourse without consent.

Keep in mind that a conviction for rape, in either state and without regard to the class of the offense, will likely require you to register as a sex offender in any state. If you have been accused of rape in Kansas or Missouri it is never too early to get started on your defense by contacting an experienced criminal defense attorney.