Missouri Law

Each state is responsible for writing their laws and criminal codes; therefore, the legal definition of sexual assault varies from state to state. Many colleges and universities also have their own sexual misconduct policies. Although the following terms and definitions are used by the legal system of Missouri, these policies may be different from those specific to UCM.

Please note that this is not the complete list of sexual crimes in Missouri, and that this information reflects Missouri Statutes last updated in August 2006. For the complete list of Missouri sexual offenses, legal definitions and specific penalties, see Missouri's Revised Statutes. 

Legal Definitions
Sexual Offense Statutes
Capacity & Consent
Frequently Asked Questions


Legal Definitions

Deviate Sexual Intercourse: Any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.

Sexual Conduct: Sexual intercourse, deviate sexual intercourse or sexual contact.

Sexual Contact: Any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.

Sexual Intercourse: Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

Forcible compulsion:

• Physical force that overcomes reasonable resistance; or
• A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person.

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Sexual Offense Statutes

Forcible Rape: A person commits the crime of forcible rape if such person has sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

Sexual Assault: A person commits the crime of sexual assault if he has sexual intercourse with another person knowing that he does so without that person’s consent.

Forcible Sodomy: A person commits the crime of forcible sodomy if such person has deviate sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.

Deviate Sexual Assault: A person commits the crime of deviate sexual assault if he has deviate sexual intercourse with another person knowing that he does so without that person's consent.

First Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the first degree if such person purposely subjects another person to sexual contact without that person's consent.

Second Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the second degree if such person:

1. Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;
2. Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or
3. Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

Third Degree Sexual Misconduct: A person commits the crime of sexual misconduct in the third degree if he solicits or requests another person to engage in sexual conduct under circumstances in which he knows that his requests or solicitation is likely to cause affront or alarm.

Sexual Abuse: A person commits the crime of sexual abuse if he subjects another person to sexual contact by the use of forcible compulsion.

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Capacity & Consent

The state of Missouri provides this information specific to consent and incapacitation that may be used to determine if a crime occurred.

Consent: Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:

1. It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or
2. It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
3. It is induced by force, duress or deception.

Incapacitated: The physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of such person's conduct, or unable to communicate unwillingness to an act. A person is not incapacitated with respect to an act committed upon such person if he or she became unconscious, unable to appraise the nature of such person's conduct or unable to communicate unwillingness to an act, after consenting to the act.

Capacity and Consent: Whenever the criminality of conduct depends upon a victim's being incapacitated, no crime is committed if the actor reasonably believed that the victim was not incapacitated and reasonably believed that the victim consented to the act. The defendant shall have the burden of injecting the issue of belief as to capacity and consent.

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Frequently Asked Questions

According to the state of Missouri, can a woman rape a man?

The State of Missouri defines sexual intercourse as penetration of the vagina by the penis. This means that according to Missouri law, rape only occurs if it committed against a woman by a man. According to law, however, both men and women can be victims and perpetrators of sodomy. Remember that these definitions and policies may be different in other states and vary across college campuses.

According to the state of Missouri, what is the difference between rape and sexual assault?

In a legal context, it is a matter of forcible compulsion. Notice that “sexual assault” does not require the component of force, only a lack of consent. See the Sexual Consent section for more information.

What if I’m having a hard time understanding all of the legal language?

Legal jargon is often confusing, so do not be discouraged if you find it difficult to fully understand these statutes and definitions. An attorney or legal expert can provide more thorough clarification and answers to your questions.

What legal expertise does Lighthouse Services provide?

Lighthouse Services is not staffed by an attorney or legal expert, and therefore is not an authority on the interpretation of state statutes or definitions. If you realize, however, that you may be a victim of one of these crimes, they can provide confidential support, options and resources for you.

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