Rape and Sexual Assault

Rape and sexual assault allegations get a lot of attention in the media, especially on social media. The attention, though, has not changed what happens in the courtroom. Rape is among the most serious crimes in Missouri, carrying a sentence almost identical to murder in the second degree. These are incredibly sensitive and difficult allegations to navigate. Despite recent political theater implying there must be corroborating evidence, physical evidence, or multiple levels of eyewitness testimony, there does not. Part of the reason these cases demand technical defenses is the fact that there are often only two witnesses to what actually happened. Additionally, once an allegation is made that sex was not consensual or force was used, the presumption of innocence is difficult to maintain.

Thankfully, we are in an era in which rape and sexual assault allegations are taken seriously. The powerful who may have been able to exploit people are, hopefully, no longer able to do so. There is serious risk, however, that the pendulum will swing too far. The notion that anyone who makes an allegation ought to be categorically believed shifts the burden of proof to the accused and assumes we do not need juries to determine credibility. No one, no matter who they are, should be believed without question, especially when life and liberty are on the line. That is why we do not shy away from complex or serious cases of any nature. Our clients know they have advocates at their side no matter how serious the accusation.

If you are accused of rape or sexual assault of any kind, you need counsel. Neither the public or the courts are interested in hearing an explanation, nor can you trust that “they’ll look into it and get to the truth.” People are charged with crimes every day because someone is acting out of an abundance of caution. It is common that once rape and sexual assault allegations are made, the state quickly files charges, and the person who didn’t see any problem coming is now a defendant in a serious felony.

It is never too early to hire an attorney for this serious of an accusation. Contact us by the traditional methods or fill out a form right here. Either way, we are pleased to advocate for our clients regardless of the severity of the charge.

A criminal charge, anything from a misdemeanor to murder, means the immense power of the government is against you. Every conviction has consequences, some can be life shattering. If you are facing criminal charges you have fundamental, constitutionally protected rights. The criminal defense attorneys at Kirsch & Kirsch will fight from day one to protect you, your rights, and your fundamental presumption of innocence.

This is not assembly line representation

The outset of a criminal investigation or charge is one of the most important times to talk to a lawyer. The increasing power of the state has led to a trend of defendants pleading guilty to crimes they did not commit. As a result, all too often the criminal courts turn into an assembly line from charge to guilty plea. This is an affront to the very principles of the rule of law.

We are here to say that a defendant is not guilty simply because he or she is charged. What if that defendant had a criminal defense lawyer who wanted no part of such a system? What if that defendant had an attorney that says to the prosecutor, “no, my client is not guilty, and I believe twelve members of our community will agree”? What if you had that attorney, and he never put you in a position to pay more attorney fees for your right to a trial or plead guilty because it’s cheaper? What if that attorney did not charge for jury trials?

Our criminal defense attorneys are dedicated advocates. They will not take the easy way out. They will fight for you every step of the way and will never charge a criminal defendant more attorneys’ fees for a jury trial.