Kansas City Sexual Assault Victim Attorney
Experienced Sexual Assault Victim Lawyers Serving Clients in Kansas City, MO
Sexual 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: Statistics, 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 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:
- Ensure Your Safety: First and foremost, find a safe environment away from the perpetrator. If you’re in immediate danger, call 911.
- 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.
- 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.
- 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.
- 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 Rape: A charge may be filed and a lawsuit commenced at any time regarding this crime, meaning no statute of limitation exists.
- Second-Degree Rape: The time limitations for filing a lawsuit for this crime is three years.
- First-Degree Sodomy: Much like first-degree rape, 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.
FAQ’s For Understanding Sexual Assault
1. Who can file a sexual assault lawsuit in Missouri?
Sexual abuse or assault is both a criminal and civil offense in Missouri. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
2. How is sexual assault proven in court in the state of Missouri?
Sexual assault is proven in court in Missouri using evidence such as physical evidence, witness testimony, and forensic examinations.
Physical evidence
- Biological evidence, such as bodily fluids
- Fingerprints
- Impression evidence, such as shoeprints
- Trace evidence, such as hairs or fibers
Witness testimony
- A victim’s statement can be enough to charge someone with a sex crime
- A child’s out-of-court statements can be admitted as substantive evidence under certain conditions. § 491.075 RSMo.
Forensic examinations
- A forensic examination can be performed using a Missouri Sexual Assault Kit.
- The kit contains materials for medical providers to gather evidence.
- The kit includes a Sexual Assault Examination Report.
- The kit is sent to a crime laboratory for analysis.
Other evidence
- Evidence of the victim’s or witness’s sexual conduct with the defendant.
- Evidence of alternative sources of bodily fluids, pregnancy, or disease.
- Evidence of the circumstances surrounding the alleged crime.
- Evidence relating to the victim’s previous chastity.
Sexual assault in Missouri includes non-consensual sexual acts, such as intercourse or penetration, and physical contact with another person’s private parts.
3. What types of protection are available for victims of sexual assault in Missouri?
In Missouri, victims of sexual assault can seek protection through orders of protection and the Missouri Sexual Assault Survivors’ Rights Act.
Orders of protection
- Victims can petition for an order of protection without an attorney or cost.
- There are two types of orders of protection: ex parte and full. An ex parte order is a temporary emergency order that takes effect immediately without requiring prior notice to the opposing party. A full order is issued after a hearing and providing notice to the opposing party.
- An order of protection can be sought against a person who has stalked, sexually assaulted, or harassed the victim. § 455.020 RSMo.
- An order of protection may also be issued against another person, regardless of the relationship, when stalking or sexual assault has occurred. § 455.020 RSMo.
Missouri Sexual Assault Survivors’ Rights Act
- This act protects survivors regardless of whether a criminal investigation or prosecution occurs.
- Survivors have the right to request a medical exam or interview with a law enforcement officer of their choosing.
- Survivors have the right to access an interpreter.
- Survivors have the right to be notified about their options for evidentiary collection kits.
4) How long does shock last after sexual assault?
According to the DOJ, shock is the human reaction to an unnatural or extreme event. This phase occurs immediately after an assault and usually lasts a few days to several weeks.
5) How do I support 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.
