Kansas City Sexual Assault Victim Attorney

Experienced Sexual Assault Victim Lawyers Serving Clients in Kansas City, MO

secual assault attorneys kansas citySexual assault remains a pervasive issue in the United States, with significant impacts on individuals and communities. According to the National Violence Against Women Survey, approximately 1 in 6 women and 1 in 33 men have experienced an attempted or completed rape in their lifetime.

Legally, sexual assault encompasses a range of non-consensual sexual activities. The U.S. Department of Justice defines it as “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” This includes forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

Understanding Sexual Assault: Legal Definitions, and Missouri Laws

In Missouri, sexual assault is addressed under various criminal offenses, including rape, sodomy, sexual abuse, and sexual misconduct. These offenses are categorized by degrees, reflecting the severity and circumstances of the act.

  • First-Degree Sodomy: This crime occurs when a person has “deviate sexual intercourse”—any sexual act that involves the genitals of another and the mouth, hand, tongue, or anus of another – with another who lacks the capacity to consent in various ways. This crime is an unclassified felony punishable by up to life imprisonment but not less than five years. § 566.060 RSMo.
  • Second-Degree Sodomy: Such a crime is committed when a person has deviate sexual intercourse with another knowing that the person is doing so without the consent of the other. A Class D felony, like this crime, carries a sentence of up to seven years in prison. § 566.061 RSMo.
  • First-Degree Sexual Abuse: When a person subjects another individual to sexual contact while they are incapacitated, unable to give consent, or through the use of force, the elements of this crime have been met. As a Class C felony, the penalties increase if the victim is under 14 years old or if the offense meets the criteria for an aggravated sexual crime. § 566.100 RSMo.
  • Second-Degree Sexual Abuse: This offense occurs when someone intentionally engages in sexual contact with another person without their consent. It is generally considered a Class A misdemeanor with a punishment of up to one year in jail. § 566.101 RSMo.
  • First-Degree Sexual Misconduct: A person commits this crime when such person exposes his/her genitals under circumstances the person knows would cause alarm, has sexual contact in the presence of a third party likely to cause alarm; or has sexual intercourse or the like in a public place in the presence of a third-party. Such offense is a Class B misdemeanor, carrying a potential sentence of up to six months of incarceration, unless the person has previously been found guilty of another crime of a sexual nature, then it is a Class A misdemeanor. § 566.093 RSMo.
  • Second-Degree Sexual Misconduct: This crime has taken place when a person solicits another person to engage in sexual conduct under circumstances that the person knows would likely cause alarm. A Class C misdemeanor, such as this crime, carries a punishment of up to fifteen days in jail. § 566.095 RSMo.

Understanding these definitions and legal distinctions is crucial for recognizing the gravity of such offenses and the legal repercussions they entail. Awareness and education are key steps toward prevention and support for victims of sexual assault. If you or a loved one has been a victim of a sexual crime, our Kansas City sexual assault attorneys are here to help you seek the justice you deserve. We fight for injury victims and approach every case with compassion, guiding you through this challenging time while fiercely advocating for your rights. Contact us today.

What To Do After You’ve Been Sexually Assaulted

Experiencing sexual assault is profoundly traumatic, and knowing the steps to take afterward can be crucial for your well-being and recovery. Here’s a guide to help you navigate this challenging time:

Immediate Steps:

  1. Ensure Your Safety: First and foremost, find a safe environment away from the perpetrator. If you’re in immediate danger, call 911.
  2. Seek Medical Attention: Even if there are no visible injuries, it’s essential to get medical care. Healthcare professionals can treat potential injuries, provide medications to prevent sexually transmitted infections (STIs), and offer emergency contraception to prevent pregnancy.
  3. Preserve Evidence: Avoid bathing, changing clothes, eating, drinking, or cleaning the area where the assault occurred. Preserving evidence can be vital if you choose to report the assault later.
  4. Consider a Forensic Examination: A Sexual Assault Forensic Exam (SAFE), commonly known as a “rape kit,” collects evidence and provides necessary medical care. This exam is most effective within 72 hours of the assault but can be done later if needed.
  5. Report the Assault: Reporting is a personal decision. If you decide to report, contact local law enforcement or visit a hospital, where they can guide you through the process.

Emotional Support and Counseling:

Processing the emotional aftermath of sexual assault is challenging. Connecting with trained professionals can provide support and coping strategies. Many organizations offer free and confidential counseling services.

Sexual Assault Support Resources

National Support Resources:

  • RAINN (Rape, Abuse & Incest National Network): Operates the National Sexual Assault Hotline, providing 24/7 confidential support. Call 1-800-656-HOPE (4673) or visit their website for online chat options.
  • 1in6: Offers support specifically for male survivors of sexual assault. They provide online resources and confidential helplines.

Missouri-Specific Support Resources:

  • Missouri Coalition Against Domestic and Sexual Violence (MOCADSV): Connects individuals with local resources and support services across Missouri. While they don’t provide direct crisis services, they can guide you to appropriate local organizations.
  • Metropolitan Organization to Counter Sexual Assault (MOCSA): Serves the Kansas City metropolitan area, offering counseling, advocacy, and prevention education.
  • The Victim Center: Located in Springfield, this organization provides free-of-charge services, including crisis response, counseling, and advocacy for victims of violent and sexual crimes.
  • SOSA (Survivors Of Sexual Assault) Support Group: Offered by North Star Advocacy Center in Maryville, this group provides a supportive environment for survivors to share and heal.

Remember, seeking help is a courageous step toward healing. Support is available, and you’re not alone in this journey. Our Kansas City sexual assault victim lawyer is ready to represent you and get you the justice you deserve.

Statute of Limitations for Sexual Assault in Missouri (§ 566.036 RSMo)

It’s important to understand that Missouri has a statute of limitations that sets time limits for reporting and filing legal actions related to sexual assault. Statutes of limitations begin running the day the incident occurred. It is important to understand the time limitations for these charges to ensure you can pursue your case.

  • First-Degree Sodomy: There is no statute of limitations for filing suit against a perpetrator for this crime.
  • Second-Degree Sodomy: The limitation period runs after three years for this crime.
  • First-Degree Sexual Abuse: Charges must be filed within three years for this crime.
  • Second-Degree Sexual Abuse: Because this charge is a misdemeanor, a lawsuit must commence within one year.
  • First-Degree Sexual Misconduct: The statute of limitations for this offense is one year.
  • Second-Degree Sexual Misconduct: Charges must be filed within one year.

Under Missouri law (§ 566.036 RSMo), the time limit varies by the specific offense. For First-Degree Sodomy, there is no statute of limitations. However, for other claims like Second-Degree Sexual Abuse, you may only have one year to file. Because these timelines are strict and depend on the specific details of your case, it is vital to consult with a Kansas City sexual assault attorney as soon as possible to ensure your rights are protected and evidence is preserved.

In the Kansas City metro area, survivors can receive a Sexual Assault Forensic Exam (SAFE) at several local hospitals. Major providers include University Health Truman Medical Center and Saint Luke’s Hospital, which often have specialized SANE (Sexual Assault Nurse Examiner) programs. Under the Missouri Sexual Assault Survivors’ Rights Act, you have the right to a forensic exam free of charge, regardless of whether you choose to report the crime to the police immediately.

Yes. Under Missouri "premises liability" and "negligent supervision" laws, businesses in Kansas City—such as hotels, apartment complexes, parking garages, or bars—may be held liable if they failed to provide adequate security or if they hired an employee with a known history of violence. If a property owner knew or should have known about a danger and failed to take reasonable steps to prevent the assault, you may have a claim against the entity, not just the individual attacker.

Kansas City has dedicated organizations that provide immediate advocacy and counseling. The Metropolitan Organization to Counter Sexual Assault (MOCSA) is the primary resource for survivors in the KC metro area, offering a 24-hour crisis line and support through the legal process. Additionally, the Missouri Coalition Against Domestic and Sexual Violence (MOCADSV) can connect you with local shelters and resources specific to the Jackson, Clay, and Platte County areas.

In Missouri, consent must be freely given. Under state statutes, a person cannot legally consent if they are "incapacitated" (such as being under the influence of drugs or alcohol), "physically helpless" (unconscious or asleep), or under the age of 17. If a person is unable to understand the nature of the act due to mental or physical conditions, any sexual contact is considered non-consensual and is a punishable offense in both criminal and civil courts.

Victims in Kansas City can seek "compensatory damages" to cover out-of-pocket costs and emotional distress. This includes:

  • Economic Damages: Medical expenses, future psychological counseling costs, and lost wages if you are unable to work.
  • Non-Economic Damages: Compensation for emotional trauma, PTSD, loss of enjoyment of life, and physical pain.
  • Punitive Damages: In cases of extreme misconduct, Missouri courts may award punitive damages to punish the defendant and deter others from similar behavior.

Most sexual assault victim attorneys at Siro Smith Dickson PC work on a contingency fee basis. This means there are no upfront costs or hourly fees for you to pay. We only get paid if we successfully recover compensation for you through a settlement or jury verdict. This ensures that every survivor in Kansas City has access to high-quality legal representation, regardless of their financial situation.

Supporting a loved one who has been a victim of sexual assault

It can be challenging to find the right words when someone confides in you about experiencing sexual assault, especially if they are a close friend or family member. For survivors, opening up about their experience is often incredibly difficult. That’s why it’s important to offer support with empathy and without judgment, creating a safe space where they feel heard and validated.

Sometimes support means providing resources, such as how to reach the National Sexual Assault Hotline, seek medical attention, or report the crime to the police. In addition, simply listening can be a great way to support a survivor.

If your loved one decides to pursue a legal route to receive justice for their situation, our Kansas City sexual assault attorneys are here to help. A lawyer plays a crucial role in helping a sexual assault victim by providing legal guidance, protecting their rights, and advocating for justice. They can assist in both criminal and civil cases—working with prosecutors to hold the perpetrator accountable or pursuing financial compensation through a lawsuit. Additionally, they offer compassionate support, ensuring the survivor understands their legal options while maintaining confidentiality and prioritizing their well-being.

Contact our Kansas City Sexual Assault Victim Attorney Today

If you or someone you care about has been a victim of sexual assault, it’s crucial to seek experienced legal support to navigate the complexities of your case. Our dedicated Kansas City sexual assault lawyer is here to provide compassionate guidance and robust representation. We understand the profound impact such experiences can have and are committed to advocating for your rights. Contact us today for a confidential consultation, and let us help you pursue the justice and compensation you deserve.