Charles King is charged with five counts of forcible rape and one count of sodomy, and Alvin Hunter is charged with eight counts of forcible rape and six counts of forcible sodomy for an incident that happened in 2008.
The men were charged with the crimes in 2016 after someone found a videotape showing them having sex in 2008 with a woman who was unconscious.
Recently the defense attorney's representing King and Hunter filed motions to have the charges dismissed.
Attorney Scott Fulford represents King and told News 4, "When these crimes were alleged to have occurred they weren't necessarily crimes."
In Missouri forcible rape is defined as deviate sexual intercourse by use of physical force or threat. In 2006, the law was expanded to account for victims who are involuntarily given something that renders them incapable of giving informed consent, as with the use of a date rape drug.
Current state law also covers victims who render themselves incapable of giving informed consent, such as someone who passed out after choosing to drink too much. But Fulford and attorney Taylor Goodale, who represents Alvin Hunter, contend the incident in 2008 happened before this provision was added and that's why they filed motions to have all charges dropped and their clients released.
"I stand behind the cases that I found that tend to support the grounds for my motion," said Goodale.
Franklin County prosecutor Bob Parks released a statement that said, "We believe, even though there was a change in the law, this is a triable offense and should be left up to the jury to decide their guilt or innocence."
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