Statutory Rape Defense Attorney

Serving Wyoming & South Dakota

Being accused of statutory rape is a serious matter that can have life-altering consequences. Convictions can lead to years in prison, sex offender registration, and lasting damage to your reputation, family, and career. If you or a loved one is facing statutory rape charges in Wyoming or South Dakota, it’s essential to seek help from a knowledgeable statutory rape lawyer who understands both states’ complex criminal laws.

At Just Criminal Law, we provide strategic, confidential, and aggressive defense for individuals accused of sex crimes, including statutory rape. We understand the sensitive nature of these cases and are committed to protecting your rights and your future.

Call (307) 300-2240 to begin your path toward a personalized defense.

What is Statutory Rape?

Statutory rape refers to sexual intercourse or sexual contact with a person who is below the legal age of consent, even if the encounter was entirely consensual. Unlike other types of sexual assault, statutory rape laws assume that a minor is legally incapable of consenting to sexual activity with an adult.

The exact age of consent and penalties vary between states. In both Wyoming and South Dakota, the law takes into account factors such as the age difference between the parties and the nature of the relationship. Even a small age gap can lead to serious felony charges in some circumstances.

Because of how these laws are written, many individuals accused of statutory rape never intended to break the law—they may have believed the other person was of age or engaged in what seemed like a consensual relationship. Unfortunately, these factors do not necessarily serve as a defense under the law, which is why you need a skilled criminal defense attorney to advocate for your side of the story.

Wyoming Statutory Rape Laws & Penalties

In Wyoming, statutory rape falls under the state’s sexual assault laws, which criminalize sexual activity with minors under certain ages or circumstances.

Age of Consent in Wyoming

The age of consent in Wyoming is 16 years old. This means that individuals aged 15 and younger cannot legally consent to sexual activity with an adult.

Wyoming’s statutes define several degrees of sexual assault that can apply to cases involving minors:

• First-Degree Sexual Assault (W.S. § 6-2-302): Involves sexual intrusion when the victim is under 12 years of age. This is a felony punishable by up to 50 years in prison.
• Second-Degree Sexual Assault (W.S. § 6-2-303): May apply when the victim is between 12 and 15 years old, and the accused is in a position of authority or significantly older. This carries a penalty of up to 20 years in prison.
• Third-Degree Sexual Assault (W.S. § 6-2-304): Involves sexual contact (not penetration) with a minor under 16 when the offender is at least four years older. This is punishable by up to 15 years in prison.

Defenses & Legal Challenges

Defending against statutory rape charges in Wyoming may involve demonstrating:

• Lack of intent or knowledge of age (though not always a full defense);
• Insufficient evidence of sexual contact or intercourse;
• Violation of rights during the investigation or arrest;
• Consent between close-in-age individuals (which may result in reduced or dismissed charges).

Our statutory rape lawyer can analyze your case and build a defense based on the unique facts and applicable Wyoming law.

South Dakota Statutory Rape Laws & Penalties

South Dakota law treats statutory rape as rape under state law, with various degrees depending on the age of the alleged victim and the circumstances.

Age of Consent in South Dakota

The age of consent in South Dakota is 16 years old. Sexual intercourse or contact with someone younger than 16 can result in severe criminal charges.

Under S.D. Codified Laws § 22-22-1, rape includes:

• First-Degree Rape: Sexual penetration with a victim under 13 years old. Punishable by life in prison.
• Second-Degree Rape: Sexual penetration with a victim under 16 years old where the perpetrator is at least three years older. Punishable by up to 50 years in prison.
• Third-Degree Rape: Sexual penetration with a person incapable of giving consent due to age, intoxication, or mental incapacity. Punishable by up to 15 years in prison.

Even in cases where both parties are teenagers, South Dakota’s “Romeo and Juliet” provisions are limited, meaning that a consensual relationship between a 17-year-old and a 15-year-old could still lead to serious charges.

Collateral Consequences

In addition to prison time, a statutory rape conviction in South Dakota can lead to:

• Mandatory sex offender registration;
• Loss of parental rights or custody;
• Permanent criminal record;
• Employment and housing difficulties;
• Severe social stigma.

A skilled defense attorney can often negotiate for charge reductions, alternative sentencing, or even dismissal depending on the circumstances.

FAQs About Statutory Rape in WY & SD

Can minors be charged with statutory rape?

Yes. In both Wyoming and South Dakota, minors can face charges if they engage in sexual activity with another minor below the age of consent, though prosecutors may consider the age difference and circumstances when deciding whether to file charges.

What if the alleged victim lied about their age?

Unfortunately, “mistake of age” is not typically a valid defense under statutory rape laws in either state. However, it may influence sentencing or plea negotiations.

Will I have to register as a sex offender if convicted?

Yes. A conviction for statutory rape almost always requires sex offender registration, which can last for years—or even for life—depending on the offense.

Can charges be reduced or dismissed?

In some cases, yes. With a strong defense strategy, your lawyer may be able to negotiate reduced charges or demonstrate insufficient evidence to justify a dismissal.

Why should I hire a local Gillette lawyer?

A Gillette statutory rape lawyer understands the nuances of Wyoming and South Dakota laws, local courts, and prosecutors. Having experienced, local representation increases your chances of achieving a favorable outcome.

Contact Just Criminal Law Today

When facing a statutory rape accusation, your future, freedom, and reputation are on the line. Do not speak to investigators or make statements without legal counsel present. At Just Criminal Law, we provide compassionate yet aggressive representation for clients across Wyoming and South Dakota, including Gillette, Rapid City, and surrounding areas.

Our legal team will investigate the facts, challenge the prosecution’s evidence, and fight to protect your constitutional rights. We understand that not every allegation reflects the full truth—and we’re here to make sure your side of the story is heard.

Contact us today for a confidential consultation with an experienced statutory rape lawyer who will stand by your side every step of the way.