If your family has recently been affected by sexual violence, you may be struggling to find answers and justice. Are you troubled with questions like:
It’s important to know that there are two legal systems that handle these crimes – the criminal justice system, which prosecutes sexual offenders, and the civil court system, which helps compensate victims for damages related to their sexual abuse or sexual assault.
Our Kansas sexual abuse victims' assault lawyers understand what survivors go through and what they need. We can help. Contact us to schedule your free, confidential case evaluation today.
For many families in this situation, seeing the offender locked up is the first step to recovery. This also helps ensure that other victims are not forced to suffer at the hands of a dangerous predator. If you’re curious how Kansas’ criminal justice system may punish the sexual offender who violated you or a loved one, you can find out more here. We’ve summarized the five sexual crime statutes in Kansas below.
In order to gain a better understanding of your rights as a victim, we suggest speaking with an experienced Kansas sexual assault lawyer as soon as possible. From Kansas City and Wichita to Dodge City and Garden City, our lawyers specialize in these cases and can help you with each aspect of your recovery, including reporting the crime to the police and filing a lawsuit against your offender or negligent third parties who could have prevented the crime from occurring.
If you're ready to learn more about your legal options as the survivor of a sexual crime, we can help you find answers in a free consultation.
In Kansas, a person can be convicted of criminal sodomy if he or she:
Criminal sodomy can be charged as a Class B nonperson misdemeanor punishable by up to 6 months in prison if the act is committed against an animal. If the victim is a child between 14-16, this crime is a Level 3 person felony punishable by up to 59 months in prison.
A person commits aggravated criminal sodomy if he or she:
Aggravated criminal sodomy is a Level 2 person felony, punishable by up to 117 months in prison.
A person is guilty of sexual battery if he or she touches a victim with the intent to arouse sexual desires of themselves or another person when the person is not their spouse, is at least 16 years old, and does not consent to the touching.
In Kansas, sexual battery is a Class A person misdemeanor punishable by up to 1 year in prison.
A person can be charged with aggravated sexual battery when they commit sexual battery (as defined above) when the victim is:
Aggravated sexual battery is a Level 5 person felony punishable by up to 32 months in prison.
A person may be considered guilty of rape in Kansas if he or she engages in sexual intercourse with another person without their consent under any of these circumstances:
Rape can either be charged as a Level 1 person felony, Level 2 person felony, or an off-grid person felony, depending on the circumstances of the crime.
If the victim has been overcome by force or fear or is unconscious or physically powerless, the perpetrator will be charged with a Level 1 person felony. This charge is punishable by up to 155 months in prison. These charges also apply in cases involving a victim who is unable to consent because of a mental defect or disease, or because of intoxicants like drugs and alcohol.
If consent was obtained through fraudulent measures, such as claiming that sexual contact is medically or therapeutically necessary, the offender will be charged with a Level 2 person felony, punishable by up to 117 months in prison.
If the victim was a child under the age of 14, the offender could be sentenced according to Jessica’s Law. This law specifically applies to cases of child sexual abuse and there are versions in 42 different states. Under Jessica’s law, a first-time child sex offender will serve a mandatory minimum sentence of 25 years in prison. If the offender has a previous conviction for sexual assault in any jurisdiction in the US, he or she will face a minimum of 40 years in prison without the possibility of parole.