Cool Valley man charged with statutory rape (2022)

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(Video) Woman Falsely Accuses Man of Rape

Cool Valley man charged with statutory rape

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ST. LOUIS COUNTY— Robert Lee Welker, 57, of the 1300 block of Weleba Avenue in Cool Valley, was charged with statutory rape. Authorities say between Feb. 1 and April 1, Welker had sex with a 16-year-old girl at a home in north St. Louis County.

Police said Welker admitted having sex with the teen.

There was no lawyer listed for Welker in court records. A judge ordered him held on a $200,000 cash-only bail.

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  • Robert Welker
  • Statutory Rape
  • Public-safety
  • St. Louis County
  • Cool Valley Missouri
  • Robert Lee Welker
  • Law
  • Criminal Law

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Joel Currier is a reporter for the St. Louis Post-Dispatch. Follow him on Twitter here: @joelcurrier.

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FAQs

Is statutory rape hard to prove? ›

Proving that statutory rape occurred can be very difficult for a prosecutor, since oftentimes, rape cases consist of the defendant's word against the alleged victims' claims. The prosecutor is going to use a medical examination the alleged victim took immediately after the alleged rape happened as evidence.

How many years can you get for statutory rape? ›

Statutory rape to have sexual intercourse with someone under age 16. One to 20 years in prison, but (1) 10 to 20 years if the offender is age 21 or older and (2) up to one year in prison if the victim is age 14 or 15 and the offender is no more than three years older.

What is the difference between rape and statutory rape? ›

Rape is nonconsensual sexual intercourse; it's often committed through force, threats, or fear. One variation of rape, called statutory rape, makes it unlawful to have sex with a minor under the "age of consent," which is usually between 16 and 18, even if the minor consents to the sex.

Can I withdraw my statement in a domestic violence case? ›

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

Do statutory rape cases get dropped? ›

When Prosecutors Drop Statutory Rape Charges. Defenses that make carrying the burden of proving your guilt beyond a reasonable doubt very difficult or impossible should result in ending your case. There may be several reasons these charges should be withdrawn by the prosecutor or dismissed by a judge.

How are statutory rape cases proven? ›

To prove statutory rape, the prosecution needs to establish three facts beyond a reasonable doubt: Intercourse occurred. Parties were not married. The victimized party was below the age of consent at the time.

Is statutory rape a felony? ›

From state to state, statutory rape crimes can range from misdemeanors to serious felonies, depending primarily on the age of the victim and the defendant. In some states, all statutory rape crimes are felonies.

Is statutory rape a federal crime? ›

While the crime is popularly called statutory rape, many states don't use that term officially but instead classify it as sexual assault, corruption of a minor, or carnal knowledge of a child. Most laws on this subject are state rather than federal ones.

What classes are statutory rape? ›

Rape is when a person has sex with another person without their consent, whether through force or not. That said, in the case of statutory rape, rape is considered to have occurred even if the alleged victim consented to sex with the alleged perpetrator, but the victim was of a certain age.

Is statutory rape worse than rape? ›

Differences in state law will determine whether the penalties for rape and statutory rape are the same. In California, for example, rape is a felony while statutory rape is a “wobbler” that can be charged as a felony or a misdemeanor, depending on the circumstances.

What is statutory rape example? ›

For example, if an adult has “consensual sex” with a person under the age of 12, that might be rape in the first degree, carrying a heavy sentence. If an adult has “consensual sex” with a person who is 16 years old, then that might be rape in the third degree and carry a lighter sentence.

What happens if someone lies about their age? ›

Is lying about your age illegal? Generally, lying about your age when signing up for a social media account online is not illegal. As a result, a minor who does so is unlikely to face any criminal charges. However, lying about your age online may violate the website's Terms of Service.

What evidence is needed to be charged? ›

Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.

Is a witness statement enough to convict? ›

What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.

Do defendants have to give evidence in court? ›

Although defendants can choose not to enter the witness box to give evidence, if they decide to do so, then they must answer all proper questions put to them. Failure to do can usually be held against them by the jury/magistrates when considering their verdict, as can refusal to give evidence at all.

How long after a crime can you be prosecuted? ›

For most crimes, the state loses the power to charge you with a crime 5 years after the crime is committed. Like most other facets of the law there are exceptions, here are a few. If the crime committed was rape there is no statute of limitations.

Can you be convicted by word of mouth? ›

Oral copulation in public is often a misdemeanor. For example, in California, a conviction for oral copulation through force or fear carries: 3, 6, or 8 years in California state prison, and/or. up to $10,000 in fines.

Can you get in trouble if a girl lies about her age? ›

For the minor, lying about his or her age online – known as “catfishing” – does not carry serious repercussions. Adults who engage in sexual activity with a dishonest minor can be charged with a sex crime, though. These offenses are almost always felonies.

Why is it called statutory rape? ›

Statutory rape is defined by statute as an act of sexual intercourse with a person under the age of consent, which is considered to constitute rape under the law, whether the person is willing or not. In statutory rape, there is usually no overt force or threat.

How long do you have to report statutory rape in California? ›

The statute of limitations for statutory rape in California is either one year or three years, depending on if the charge is a misdemeanor or felony. For misdemeanor charges, it must be filed within one year. For felony charges, it must be filed within three years.

What does statutory rape mean in California? ›

In California, it is illegal for someone 18 or older to have sex with someone younger than 18, even if the sex is consensual. This is considered statutory rape under state law. Statutory rape laws are based on the assumption that minors are incapable of giving informed consent to sexual activities.

What is Romeo and Juliet law? ›

In the United States, many states have adopted close-in-age exemptions. These laws, known as "Romeo and Juliet laws" provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less.

Is it a crime to lie about your age? ›

What You Need To Know. A minor that lies about their age online and on social media will not face criminal penalties for conduct arising out of their lie. Adults can incur serious legal consequences when speaking to minors online, should those conversations be sexual in nature.

Is a 3 year age gap legal? ›

Age Gap Consideration

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

Do rape cases go to federal court? ›

The crime of sexual assault can be prosecuted as either a state or federal crime in California. However, most sexual assault allegations are handled in state court. The federal court system will step in to handle some sexual assault charges. Generally, the federal court handles charges that are especially severe.

What is the youngest age of consent? ›

The lowest minimum age is 14 years, set in seven Member States: Austria, Bulgaria, Estonia, Germany, Hungary, Italy and Portugal. The highest is set at 18 years – in Malta.

How do you prove consent? ›

You know you have consent when the other person has clearly said yes — without being pressured — and has given you permission to do something. Here are examples of what consent looks like: Each person is engaging in sexual activity enthusiastically, after agreeing to have sex.

What is qualified seduction? ›

Qualified seduction is a crime punished under our criminal laws for the act of seducing a virgin aged 13 to 17 years old by certain persons such as a person in authority, priest, teacher, and the like.

What is it called when someone lies about their age? ›

Age fabrication occurs when people deliberately misrepresent their true age. This is usually done with the intention to garner privileges or status that would not otherwise be available to that person (i.e., a minor misrepresenting their age in order to garner the privileges given to adults).

How do you tell if someone is lying about who they are online? ›

How to tell if someone is lying to you online, or in a text
  1. EMPHATIC LANGUAGE. ...
  2. DISTANT LANGUAGE. ...
  3. UNANSWERED QUESTIONS. ...
  4. NON-COMMITTAL STATEMENTS. ...
  5. QUALIFYING STATEMENTS. ...
  6. TENSE HOPPING. ...
  7. UNCHARACTERISTIC LANGUAGE.
21 May 2014

How do you tell a guy you lied about your age? ›

The best you can do now is, tell the truth - apologize for not telling him sooner, and try to explain why you did not tell the truth. He might appreciate you coming clean - but don't be surprised if he thinks you are superficial - since you don't like how men your age look.

What happens if there is not enough evidence? ›

In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.

Can a person be found guilty without evidence? ›

It is not necessary for the accused person to prove his case beyond a reasonable doubt or in default to incur a verdict of guilty. The onus of proof lying upon the accused person is to prove his case by a preponderance of probability."

Is it worse to be indicted or charged? ›

Essentially, the difference between the two depends upon who has filed charges against you. If you have been charged, this means a state or federal prosecutor filed charges against you. If you have been indicted, this means a grand jury has filed charges against you.

How do you prove a witness is lying? ›

First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.

Are statements enough evidence? ›

Evidence and Testimony at a Criminal Trial

A witness statement can be spoken orally but eventually will need to be written down in a document and signed to be used as evidence in a trial.

How do you discredit a witness statement? ›

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

What should you not say in court? ›

Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.

What is good evidence in court? ›

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.

How long after being charged does it take to go to court? ›

Time between the offence being committed and being charged: 323 days. Time between being charged and the first hearing: 34 days. Time between the first hearing and completion at the magistrates': 9 days.

Is statutory rape worse than rape? ›

Differences in state law will determine whether the penalties for rape and statutory rape are the same. In California, for example, rape is a felony while statutory rape is a “wobbler” that can be charged as a felony or a misdemeanor, depending on the circumstances.

What is qualified statutory rape? ›

Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act.

What is the statute of limitations on statutory rape in Alabama? ›

The sexual abuse laws in Alabama provide some of the shortest sexual abuse statutes in limitations in the country. A civil sexual abuse case must be filed within two year of the victim's 19th birthday in a childhood sexual abuse case or two years from the incident in an adult sexual abuse case.

What is the statute of limitations on statutory rape in Virginia? ›

Crimes for which there is no statute of limitations include aggravated assault and battery, rape, murder, burglary, kidnapping, manslaughter, and robbery.

Is statutory rape a felony? ›

From state to state, statutory rape crimes can range from misdemeanors to serious felonies, depending primarily on the age of the victim and the defendant. In some states, all statutory rape crimes are felonies.

Can you get in trouble if a girl lies about her age? ›

For the minor, lying about his or her age online – known as “catfishing” – does not carry serious repercussions. Adults who engage in sexual activity with a dishonest minor can be charged with a sex crime, though. These offenses are almost always felonies.

What classes are statutory rape? ›

Rape is when a person has sex with another person without their consent, whether through force or not. That said, in the case of statutory rape, rape is considered to have occurred even if the alleged victim consented to sex with the alleged perpetrator, but the victim was of a certain age.

What is qualified seduction? ›

Qualified seduction is a crime punished under our criminal laws for the act of seducing a virgin aged 13 to 17 years old by certain persons such as a person in authority, priest, teacher, and the like.

How do most traditional rape statutes define rape? ›

most traditional rape statutes, and the newer criminal sexual assault laws, define " rape" as intentional sexual penetration by force with consent.

When did statutory rape become law in the US? ›

California's original statutory rape law dates from 1872, but the current regulation was enacted in 1970. Refinements, such as changes in reporting procedures, have continued steadily. California is among 14 states where the so-called age of consent, when a person can legally agree to engage in sex, is 18.

Is statutory rape a felony in Alabama? ›

Statutory Rape Cases

Under Alabama law, statutory rape is a Class B Felony that carries a minimum sentence of two years and a maximum of 20. A person can be subject to registration requirements for the rest of their natural life.

What is the lowest age of consent? ›

Age of consent laws vary considerably worldwide. Most countries require young people to be at least 14 before having sex. But there are exceptions. Angola and the Philippines both set the age of consent at 12, which is the lowest in the world.

What is the lowest age of consent in the US? ›

The states' laws differ, and the minimum age of consent in the United States is 16, and the maximum is 18 years old. From time to time, states do update their laws, including the age of consent. For example, from 2018 to 2019, Wyoming and New Mexico raised their age of consent from 16 to 17.

How long do you have to press charges on someone in Virginia? ›

A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of ...

What is considered rape in the state of Virginia? ›

Rape is a serious felony offense under Virginia Law 18.2-61. It is punished by a maximum penalty of life imprisonment, with a minimum penalty of five years in prison. Adult rape is defined as having sexual intercourse with another, against their will, by force, threat, or intimidation.

How long do you have to press charges in Virginia? ›

In Virginia, prosecutors have up to one year to file charges in most misdemeanor cases but can file felony charges at any time. Statutes of limitations set time limits for the government to bring criminal charges in a case.

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