An Overview of Missouri Consent Laws
Consent laws govern the age at which a person may legally consent to various actions or behaviors, such as marriage, sexual relations, medical treatment, and the like. By establishing a legal age of consent, the state can ensure that people have reached a level of maturity and understanding to make these decisions legally. In Missouri, consent laws are an essential part of the legal framework. They help determine a person’s capacity to enter into contracts, consent to medical treatment, and assume legal responsibility for their actions. Understanding these laws is important for anyone living in or visiting Missouri, as they can have significant implications for a wide range of issues .
In Missouri, consent laws are established by a combination of state and federal laws, as well as local ordinances. Some consent laws are relatively straightforward, such as the legal age to marry, while others can be more complex, such as those governing medical treatment for minors. While many of Missouri’s consent laws are similar to those in other states, there are some areas where they differ significantly. A notable change in Missouri’s consent laws occurred in 2017 when the state passed legislation to lower the legal age to buy tobacco products from 18 to 21. Overall, Missouri’s consent laws play an important role in shaping the legal landscape of the state.
Missouri’s Age for Giving Consent
In Missouri, the legal age of consent is 17 years old. This is the same as the minimum legal age for marriage when a parent or guardian provides consent, which is 18 without parental consent. The Missouri law on statutory rape makes it a Class B felony to engage in sexual intercourse with someone who is less than 14 years old. It is a Class A felony if the person engaging uses a deadly weapon or force, or if he is a family member or family relative of the victim.
The age of consent laws in Missouri are fairly similar to those in surrounding states, but there are some other variations too. For example, Nebraska and Kansas have a minimum age of consent at 16 years old, while Illinois and Arkansas both have a consent age of 17. In neighboring Iowa, the minimum age of consent is 18.
There are a few exceptions to the Missouri law on the age of consent. Those aged 14 and older can legally marry with the consent of a parent or guardian. If the other party is not more than a four-year age difference, the age of consent is raised by two years.
Otherwise, people below the age of 14 are not protected from prosecution from a crime of statutory rape by their involvement in the crime with someone else who is below that age.
While the age of consent law might not seem very important, Missouri law does not allow anyone under the age of 18 to provide consent to a medical procedure, and the law also disallows children under the age of 18 from being able to consent to any sexual contact starting at the point of penetration. Even if they agreed to participate, it would not be considered legal. By extension, a doctor would not be allowed to treat a child without the consent of a parent or guardian.
This points to the fact that the age of consent is actually very important in Missouri. Given that it is against the law for two consenting parties to have sex with each other if they are below that age, prosecuting the parents for allowing the encounter to happen could lead to charges of unlawful neglect. Parents who neglect their children "so as to injure health" or "cause substantial risk of death or interest" (which can occur by neglecting to prevent a child from having premarital sex) could face a Class D felony charge and prosecute by the state.
Different Types of Consent Recognized by Missouri Law
Under Missouri law, consent can take many forms, such as verbal or written. Both have their place in the law, which covers a wide variety of situations. Verbal consent is often enough in mundane circumstances of every day life, but written consent is typically required where the consequences of a consent failure can be great and could impact many people.
Sexual consent is a simple but worth noting use of verbal consent. If someone does not agree to engage in a specific sexual act, that act cannot proceed without first having that person’s consent to do that specific act. But once the consent is given to a specific act, that permission covers only that act at the time that permission was given. For example, a person may be interested in engaging in a variety of sexual acts with their partner. The first time they have sex together, one person engages in (let’s say) vaginal penetration. Because they are both agreeable to that act, that act occurs. The next time they get together to have sex, one of them suggests anal penetration instead. Because they are both agreeable to this act, that act occurs too. But the first person cannot claim that the second person consented to any other sexual act aside from the one that was actually done. So if they had sex the next time together, but the first person only performed oral sex and didn’t ask for consent this time, the second person could make a claim of sexual assault against the first person.
Written consent is required in many cases when consent is given. A patient, for example, must consent in writing to a particular surgical procedure. This is sometimes referred to as informed consent, because the patient giving consent has to be fully informed by the doctor about what is going to be done, how it will be done, the potential consequences for the patient’s health, and any other information that is relevant to the decision to consent. An individual may be asked to provide written consent to be included in a class action lawsuit or to join a class of a mass tort. A consent to a mass tort action is often called an opt in, because class actions are different than other kinds of lawsuits because they allow for potential claimants to opt in or choose to be excluded from a potential class of claimants.
The Role of Informed Consent in the Medical Field
Informed consent in Missouri law refers to the doctrine that any patient who elects to undergo a medical or surgical procedure must be made aware of the nature of her condition and the likely results of the treatment, including risks and complications.
The inquirer notes that in centers of neurosurgery, staff info sheets now commonly warn patients that even benign appearing conditions may result in death or paralysis. Her question is whether this means that neurosurgeons are now off the hook if they don’t warn patients about such an outcome.
Nope. Most lawyers are familiar with the so-called "informed consent" doctrine. In Missouri, as in most states, a physician is obligated to inform a patient about his diagnosis, the nature of the proposed treatment, the risks of the proposed treatment, the likelihood of the treatment’s success, and any reasonable alternatives. A physician is not required to inform the patient about treatment options that are so remote and speculative as to be considered not viable or not reasonably available. The test is meant to be flexible, addressing the specific situation rather than establishing a rigid standard.
Placing a sign in the office waiting room that warns of all possible complications provides only general warning to the patient, but it does not relieve the physician of his obligation to discuss risks specific to the patient and her condition. A warning brochure, although helpful to a patient in understanding risks, is not a substitute for an explanation of risks.
Generalized information that disseminates the doctor’s words to the masses through a brochure or sign does not exempt the physician from a specific discussion of a patient’s individual risks. The informed consent standard does not require extensive detail. The physician need not inform the patient of every conceivable hazard, force-fed, but the duty requires a reasonable opportunity to become informed of the risks involved and to make an informed, intelligent choice about treatment.
Parental Consent and Minor Rights in Missouri
A parent may also be required to give his or her consent, with respect to the minor child, for certain matters. Although parental consent requirements appear throughout the law, they are especially familiar in contexts such as education or medical treatment.
A parent may consent to the release of a child’s education records in writing by submitting a signed, written request to the local education authority. Mo. Rev. Stat. § 167.020. Normally, a child must attend a public school, unless the parent consents otherwise. Mo. Rev. Stat. § 167.031. A parent who enrolls or attempts to enroll a child in a public school outside of the public school district of residence shall be guilty of a misdemeanor. Mo. Rev. Stat. § 167.051. A parent may also be found guilty of a misdemeanor if the parent fails to require a child of mandatory school age to attend school. Mo. Rev. Stat. § 167.061. A parent may take leave from work to visit a school to discuss the school’s educational programs or classes which involve the parent’s child. Mo. Rev. Stat. § 167.158. In some instances, a parent may be required to consent to give medical treatment to his or her child under the established Missouri procedures. An unmarried parent may consent to the adoption of his or her child. Mo. Rev. Stat. § 453.030. A parent may provide his or her consent to the Department of Social Services for a child to be placed in a child-care agency. Mo. Rev. Stat. § 210.482. A "family support planning team," having noticed the parent and having explained a proposed plan to address special needs, may request parental consent to allow the child, who is not yet 18 years of age, to live in an alternative family home. Mo. Rev. Stat. § 210.570. A parent who has been convicted of drug-related felonies could have to consent to his or her child’s treatment in a drug-treatment court. Mo. Rev. Stat. § 210.764.
A minor also requires specific parental consent to act, as an adult, in certain circumstances.
Before marrying, a woman under the age of 18 must gain her parents’ consent. Mo. Rev. Stat. § 451.040. A license to keep a pharmacy, dispensing optician, or sales agent must be issued to a company, partnership, or corporation if the president or other officer holds an applicable certificate of approval. Mo. Rev. Stat. § 338.180. A "person to whom a liquor license is issued" must submit to having the premises on which the liquor is sold searched, examined, and inspected. Mo. Rev. Stat. § 311.810. A minors aged between 15 and 18 years must obtain a Certificate of High School Equivalency (HEP) prior to becoming part of a state-supported degree-equivalent program. Mo. Rev. Stat. § 178.220.
Sexual Assault Cases and the Implications of Consent
The laws of consent described in the previous Section are the most prominent in the legal analysis of a claim or complaint. However, some claims may not be framed in terms of consent.
The Missouri sexual assault laws specifically limit the application of consent in sexual assault contexts. The Missouri Revised Statutes define "consent" as either knowing consent or credible consent, depending on the type of sexual assault. The scope of "knowing" or "credible" consent is important for both prosecutors and defense attorneys. Both sides may frame – based on their theory of the case – the conduct by the parties to a sexual assault case.
For example, "first-degree sexual assault" is defined in the Missouri Revised Statutes as "knowingly caus[ing] physical injury" to another "but without malicious intent to cause physical injury…; [or] that creates a substantial risk of serious physical injury…" Mo. Rev. Stat. §566.100. First-degree sexual assault is then defined as sexual conduct causes the other person to suffer physical injury. Id. "Sexual conduct" is defined as any of the following "sexually explicit conduct":
(a) Acts of sexual intercourse, deviate sexual intercourse, masturbation or lewd exhibition of the genitals or public area between persons of the same or opposite sex;
(b) Acts of sexual intercourse or lewd exhibition of the genitals or public area between human and animal;
(c) Physical contact with the clothed or unclothed genitals, pubic area, or anus of another, whether by the actor or another with the approval of the actor, or with the clothed or unclothed genitals, pubic area, or anus of the actor , whether by the actor or another with the approval of the actor;
(d) Exhibiting or displaying the unclothed genitals or pubic area of the actor or of another where such exhibition or display occurs in a situation where one should reasonably expect to be afforded the privacy of a substantial number of other persons;
(e) The act of flagellation or torture by or upon a person who is nude or clad only in undergarments;
(f) The act of physical restraint by or upon a person who is nude or clad only in undergarments; or
(g) The solicitation of any of you conduct or participation in any of you conduct in exchange for money or any other consideration; or
(h) The administering of intoxicants for the purpose doctoring liability of explaining consent.
Id. (emphasis added).
When a defendant pleads nolo contendre, a prosecutor must only prove that the defendant repeatedly raped the victim. The definition of "consent" in this case is "without alleging the absence of consent," as explained in Section I. There is no definition of consent at all; and it does not need to be proven. For the defendant, the legislative history shows that the Missouri General Assembly "attempted to expand the application" of the definition of consent, after the Missouri Supreme Court in State v. Brazzell, 957 S.W.2d 42 (Mo. banc 1997), invalidated the sexual assault law under the Eighth Amendment of the United States Constitution. Missouri Senators interpreted the Branzell holding as allowing a defendant to argue that a victim’s consent to sexual conduct in all cases where the defendant knew or reasonably should have known that the victim was not in a condition to consent. MO. SENATE COMMITTEE ON THE JUDICIARY HEARING ON S.B. 717 AND S.B. 849, SCRS. 067 and 068 (April 18, 2014). In other words, the State had to define some exceptions to consent, or any plea would automatically be excluded. Missouri higher courts later confirmed the reality of this case law.
Legal Repercussions of Breaking Missouri Consent Laws
Violating Missouri consent laws can lead to major legal consequences for the violator. What those consequences are depends on the circumstances of each specific situation. Criminal penalties apply when two people have a single intimate encounter that is illegal because at least one of those two is unable to consent — such as when that person is too young to give legal consent or when that person is too intoxicated with drugs or alcohol to give voluntary consent. In Missouri, all instances of having sexual activity with someone who is unable to give legal consent constitute the crime of sexual assault. This is a Class C felony if the offense is thought or meant to be perpetrated against a victim who is mentally incapacitated or eligible for treatment due to somebody being developmentally disabled. If the assault is against a child at a certain age, it’s a Class B felony. Sexual assault against a child 14 or younger is a Class B felony. Repeat offenders face even steeper penalties. Some types of sexual assault and some repeat offenses would be classified as aggravated sexual assault, which is a Class A felony. This is punishable by life in prison without parole, probation or conditional release. An example of a repeat offense is if an offender has three or more offenses of unlawful sexual conduct or an equivalent felony offense after the age of 21. Civil penalties apply when an illegal act takes place repeatedly. (Some states have different criminal and civil definitions for offenses; in Missouri, this is not the case.) An example of a civil penalty for sexual assault can be mandatory enrollment in a sex offender registry for the perpetrator. Any time a person is convicted of sexual assault or any sex crime against a minor, that person must be registered as a sex offender. Penalties for sex crimes also do not need to have been carried out in Missouri, and can apply if a crime was committed in another state but the perpetrator is currently living or working in Missouri (due to the fact everybody in the United States has to follow the same laws, even if those laws are differently enforced or likely to be punished in different states). People on the sex offender registry are required to register for the rest of their lives and update their information every three months. An offender must provide information to keep their record up to date about where they live and work. Failure to do so is a Class E felony.
New Developments and Suggested Changes to Consent Laws
Over the past several years there have been some changes in Missouri consent laws, largely as a result of gradual changes in case law. One notable shift was in 2015, when the Missouri Supreme Court decided in State v. Eaton, 461 S.W.3d 44 (Mo. banc 2015) that the newly passed legislative definition of "intrusion into a private place" which determined whether a person could be criminally charged for stalking also applied to the civil stalker restraining order statute, RSMo. §455.220. In Eaton, the Missouri Supreme Court held that the plain language of the amended statute "clearly reflect[ed] legislative intent for the definition in [the stalking and victim protection] chapters to apply to both criminal and civil enforcement." Id. at 59 (alteration in original). After this clarification, courts across the state began to dismiss stalking orders because the subject protested that they had not been compelled to give consent for the alleged action or conduct that constitutes the public behavior enabling the issuance of the stalking order. The 2015 legislative amendment to the definition of "intrusion into a private place" has drastically curtailed the ability of subjects to be restrained in public places without their consent. Some commentators have argued overbroad application of the new stalking law, particularly as to non-physical threats, will likely lead to an inevitable challenge and finally a determination that the stalking restraining order law is unconstitutional as applied to such instances. E.g., John R. Campbell, Stalking: Statutory Interpretation, Procedural Confusion, and Constitutional Inapplicability, 67 J. Mo. B. 48, 48 (2011). Another noted legal phenomenon has been the application of the protective order to civil conflicts that are more likely to fall under the definition of harassment. RSMo. §455.010. In Randal v. Kelley, No. WD78612, 2018 WL 3438132 (Mo. Ct. App. July 17, 2018), the Missouri Court of Appeals ruled that a temporary restraining orders were improperly granted against a plaintiff who had engaged in political speech against several defendants because the alleged conduct did not indicate a high probability that the defendants were complaining about. The court noted that the plaintiff’s behavior was not sufficiently intrusive into the defendants’ personal lives and could not have caused a reasonable fear of unlawful violence. Many believe that this decision was grounded in due process concerns. The Missouri legislature has considered certain reforms in the past few years, including State Senate Bill 661. Although the proposed changes did not pass, they could have addressed some of the problems with the stalking restraining order laws as applied in practice. Time will tell whether any reform will come with respect to these new definition and applicability issues.
Resources and Support Services Related to Missouri Consent Laws
An individual seeking further information on the underlying issues regarding consent law in Missouri can be directed to the Missouri Coalition Against Domestic and Sexual Violence, a non-profit organization focusing on increasing awareness to domestic violence, sexual assault, and stalking. Help for legal issues specific to consent law is provided by organizations such as Missouri Legal Services, a nonprofit organization providing free legal assistance or support with various legal issues including, but not limited to, bills and debts, court actions, family issues, and discrimination. The organization assists low to moderate-income individuals, as well as certain elderly and disabled individuals unable to afford an attorney. In St. Louis County, the Legal Advocacy Program of the St . Louis YWCA Metro St. Louis works to reduce and eliminate racial and economic disparities in the domestic and sexual violence civil justice system through outreach. This service includes a domestic violence protection order clinic, which helps those in general court processes and provides direct representation in protection order hearings and post-protection order cases. The St. Louis YWCA also has an Ambassador Program designed to help raise awareness of domestic violence in the community and support the organization.
Additional use of the Internet fulfills the informational needs of individuals seeking assistance with certain legal issues. The state bar or local bar association for each area can direct individuals to the proper department for assistance.