Kansas City Rape Victim Attorney
Experienced Rape Victim Lawyers Serving Clients in Kansas City, MO
Defining Rape: Rape Statistics in the U.S
Rape is a serious and deeply impactful crime that affects people across the United States. According to the National Sexual Violence Resource Center (NSVRC) and the FBI’s Uniform Crime Reporting (UCR) Program, rape is one of the most underreported crimes, with many survivors reluctant to come forward due to fear, stigma, or legal barriers. Studies show that nearly one in five women and one in 71 men in the U.S. have experienced rape or attempted rape in their lifetime. In most cases, the perpetrator is someone the victim knows rather than a stranger.
The legal definition of rape varies by state, but under federal law, it is defined as “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent.” This includes cases where the victim is unable to consent due to intoxication, unconsciousness, or coercion.
Understanding Rape Laws in Missouri
Missouri law categorizes rape into different degrees based on the circumstances of the crime. These laws help define the severity of the offense and the corresponding legal consequences for perpetrators.
First-Degree Rape
First-degree rape is considered the most serious form of the offense. It occurs when someone engages in sexual intercourse with another person who is either unable to consent due to incapacitation or is forced through violence or coercion. Incapacitation can include being unconscious, drugged, or otherwise unable to resist. Because of its severity, a conviction carries a minimum sentence of five years in prison, with the potential for life imprisonment if aggravating factors—such as the use of a weapon or serious bodily harm—are involved. §
566.030 RSMo.
Second-Degree Rape
Second-degree rape involves knowingly engaging in sexual intercourse with someone without their consent. Unlike first-degree rape, this charge does not necessarily require proof of force or incapacitation, only that the act was committed without consent. It is classified as a Class D felony, which can lead to up to seven years in prison. § 566.031 RSMo.
Understanding these distinctions is crucial for survivors, legal professionals, and advocates working to uphold justice and support victims.
Criminal Statute of Limitations for Rape 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 rape. 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 Rape: A charge may be filed and a lawsuit commenced at any time regarding this crime, meaning no statute of limitations exists.
- Second-Degree Rape: The time limitations for filing a lawsuit for this crime is three years.
Compensation and Damages in a Rape Lawsuit
For survivors seeking justice and closure, filing a civil lawsuit for sexual assault can be an essential step toward reclaiming their lives. Unlike criminal cases, which focus on holding the perpetrator accountable through legal penalties, civil lawsuits prioritize financial compensation to help survivors recover from the physical, emotional, and financial toll of their experiences. Survivors have the right to pursue civil claims alongside any criminal proceedings, seeking damages that provide critical support for their healing journey.
Through a civil lawsuit, survivors can seek financial relief for the profound impact of the assault. These legal claims may result in compensation covering various aspects, including:
- Medical Costs: Survivors can receive financial compensation for medical expenses related to the assault, such as emergency care, therapy, counseling, psychiatric treatment, and rehabilitation services. This ensures they can access necessary medical and psychological support without financial strain.
- Pain and Emotional Suffering: Compensation in this category accounts for the mental and physical anguish caused by the assault, including anxiety, depression, PTSD, and other long-term psychological effects that continue to affect the survivor’s well-being.
- Lost Income: If a survivor was unable to work due to the assault’s aftermath or the emotional distress that followed, they may be entitled to recover lost wages. This includes compensation for missed work, diminished job opportunities, and career setbacks caused by trauma.
- Reduced Earning Potential: If the survivor’s ability to maintain employment has been permanently impacted—whether due to physical injuries or lasting psychological trauma—they may be awarded damages for a reduced earning capacity, ensuring financial stability for the future.
- Punitive Damages: In cases where the offender’s actions were especially malicious or reckless, the court may impose punitive damages. These are meant to go beyond compensation, serving as a financial punishment for the perpetrator and a deterrent to prevent similar acts in the future.
Taking legal action can be a powerful step toward healing, holding perpetrators accountable while helping survivors regain control over their lives. If you or someone you love has experienced rape, our Kansas City rape attorneys are here to support you in seeking justice. Our trial lawyers are dedicated to fighting for survivors, providing compassionate guidance while aggressively protecting your rights. You don’t have to go through this alone— contact us today for the legal help you deserve.
Understanding the Difference Between Civil and Criminal Rape Cases
When it comes to legal action after rape or sexual abuse, there are two types of cases: criminal and civil. While both aim to address the harm caused, they serve different purposes within the justice system. Criminal cases focus on punishing the offender, while civil cases prioritize the survivor’s right to seek compensation.
Criminal Cases: Holding the Offender Accountable
Criminal cases are prosecuted by the state or federal government to protect society. A prosecuting attorney brings charges against the perpetrator, and if found guilty, the offender may face penalties such as fines, probation, or prison time.
While some restitution may be awarded, criminal courts are not designed to provide financial compensation to survivors. Instead, their main goal is to remove dangerous individuals from society.
The standard of proof in criminal cases is “beyond a reasonable doubt.” This means the jury must be firmly convinced of the perpetrator’s guilt. Although the law does not require proof
of guilt over every possible doubt, without this firm conviction, jurors must give the defendant the benefit of the doubt. Because of this high standard, some offenders may avoid criminal conviction even if they are morally responsible.
Civil Cases: Seeking Just Compensaton for Survivors
Civil cases, on the other hand, are filed by the survivor against the abuser. These lawsuits focus on compensation for damages such as mental anguish, emotional distress, lost income, and medical expenses.
Unlike criminal cases, civil cases have a lower burden of proof—“preponderance of the evidence.” This means the jury only needs to find that the survivor’s claims are more likely true than not. Even if an abuser avoids criminal punishment, a civil lawsuit may still hold them financially accountable, giving survivors another path to equity.
National and Missouri-Specific Rape Support Resources
Survivors of rape and sexual assault have access to national and Missouri-based resources for support, legal guidance, and crisis intervention.
National Resources:
- Rape, Abuse & Incest National Network (RAINN): Offers 24/7 confidential support through the National Sexual Assault Hotline (800-656-HOPE.
- National Domestic Violence Hotline: Provides support for survivors, including those experiencing sexual violence in relationships (800-799-SAFE).
- VictimConnect Resource Center: A confidential helpline connecting survivors to services (855-484-2846).
Missouri-Specific Resources:
- Missouri Coalition Against Domestic and Sexual Violence: Offers advocacy, education, and shelter referrals.
- Missouri Crime Victims’ Compensation Program: Helps survivors with medical and counseling expenses..
- Local Rape Crisis Centers: Cities like Kansas City and St. Louis have dedicated organizations providing counseling, advocacy, and legal aid.
These resources provide survivors with the support they need to heal and seek justice.
Contact our Kansas City Rape Victim Attorney Today
If you or a loved one has experienced a rape, having the right legal support can make all the difference. Our experienced Kansas City rape victim lawyer at Siro Smith Dickson PC is here to guide you through the legal process with compassion and determination. We recognize the deep impact these situations can have and are dedicated to fighting for your rights. Reach out to us for a confidential consultation, and let us help you seek the justice and compensation you deserve.
