Kansas Statutory Rape Defense - Indecent Liberties With a Minor
Unlike criminal sexual assault charges involving adults, any sexual activity involving someone under the age of 16 in the state of Kansas is criminal by definition. If you're facing charges of statutory rape, Internet solicitation , or indecent liberties with a minor in Kansas, even the enthusiastic participation of a "victim" under the age of 16 will get you nowhere as a defense. Contact my criminal defense law firm in Olathe, Kansas for specific advice about your situation.
In Kansas, persons under 16 are viewed as legally incapable of consenting to sexual activity of any kind. Offenses involving sex individuals under this age are generally known as "statutory" rape because of the legal statute that defines the age of consent. Even teenagers in high school can get into a lot of trouble when one is over 16 and the other is younger.
Indecent liberties with a minor, the formal Kansas term for sex with a person younger than 16, is a very serious offense and carry a presumption of a prison term under our sentencing guidelines if you are found guilty. Aggravating circumstances, such as a very young victim, physical force or coercion, or extensive or repeated sexual activity, can increase the length of a prison term.
It is very seldom an effective defense to statutory rape charges to claim that you didn't know the participant was under the age of 16, except in cases where an underage victim might have overtly and plausibly misrepresented his or her age.
Defense of statutory rape or child sexual abuse charges will usually depend on such factors as DNA testing, other physical evidence, inconsistent statements of witnesses, and the credibility and mental health of the alleged victim. The riskiest decision you can make upon learning that you may be a suspect in such a case is to voluntarily talk to the police without counsel. Resist the impulse to deny, admit, or explain anything at all. Keep your mouth firmly closed until you can talk to a lawyer.
One more point - if you've got nude photos of your 17-year-old girlfriend, you may face entirely different, but equally serious, trouble. Although the age of consent for sexual activity in Kansas is 16, federal and state laws addressing child pornography require all "models" and "actors" to be at least 18 years of age. Those charges, too, are very severe. In other words, the law deems your 17 year old girlfriend to be mature enough to consent to sexual intercourse, but not mature enough to consent to a steamy photo shoot.
For further information and a free consultation about your options, contact me in the Kansas City area at my Olathe office to speak with an experienced criminal defense attorney.
