WICHITA,
Kan., March 28, 2024 /PRNewswire/ -- In recent
years, consent has become a highly debated topic of conversation.
And, with consent laws varying from state to state, it's no
surprise why. Our team of sex crimes lawyers in Wichita at the McConnell Law
Firm have years of experience defending clients falsely
accused of sex crimes and are breaking down what you need to know
about consent laws in the state. Keep reading to learn more about
Kansas's unique consent laws and
the penalties for violating them.
What Is Consent?
Legally speaking, consent refers to the voluntary agreement to
engage in a particular activity, oftentimes of a sexual nature.
Because consent is considered an ongoing process, it can be revoked
at any moment during an interaction, requiring clear communication
and mutual understanding between all parties involved. The most
important thing to understand about consent is that it must be
given freely, without coercion, intimidation, or incapacitation,
and individuals must be of legal age to be able to provide
consent.
What Is the Age of Consent in Kansas?
So, what's the legal age of consent, you may be asking? While
we've already established that the age of consent varies from state
to state, the legal age of consent in Kansas is on the lower end of the spectrum at
16 years old. This means that individuals aged 16 or older are
legally able to consent to sexual relations with others of similar
age or older, provided that the interaction is consensual and
non-coercive in nature. Age of consent laws apply regardless of
gender or sexual orientation, and it's important to remember that
consent cannot be given by individuals who are mentally
incapacitated or under the influence of drugs or alcohol, even if
they are 16 years or older.
Expert Tip: Ignorance of a
minor's age is not a valid defense. You are responsible for
verifying the age of your partner and ensuring you have legal
consent before engaging in sexual activity. Failure to do so does
not absolve you of legal liability.
Penalties for Violating Age of Consent Laws
Violating age of consent laws can result in severe legal
consequences. Engaging in sexual activity with a minor under the
age of 16, even if the minor appears to be willing, is considered
aggravated indecent liberties and is punishable by law since any
individual under the age of 16 is legally not able to provide
consent. The severity of the penalties will remain dependent upon
various factors, such as the age difference and the nature of the
relationship.
In Kansas, engaging in sexual
activity with a minor under the age of 16 is classified as a felony
offense, with penalties including imprisonment, fines, post-release
supervision, and mandatory registration as a sex offender. The
severity of the punishment may increase with the presence of
aggravating factors such as coercion, force, or exploitation.
A Real-World Example: If a
17-year-old engages in sexual activity with a 15-year-old, it will
still be considered a crime, as the 15-year-old cannot legally
provide consent; however, in some instances, a prosecutor may use
discretion and charge it as a less severe crime due to the short
distance in age.
"Generally speaking, violating age of consent laws and engaging
in sexual behaviors with a minor under the age of 16 may result in
a lifetime registration," said Erica
Ramstad Whitsell, sex crimes lawyer at the McConnell Law
Firm. "Not only will some offenders be required to be on
post-release supervision for the rest of their lives, but should
they commit another felony, they could be sent back to prison. No
matter the accusation, it's important to consult with an
experienced sex crimes attorney when facing such allegations, as
they have the knowledge and expertise necessary to help navigate
the registration process and rebuild your future."
Have You Been Accused?
If you have been accused of violating age of consent laws, we
encourage you to contact the McConnell Law Firm as soon as
possible. While every case is different, and no conclusions should
be drawn without first consulting one of our sex crimes lawyers in
Wichita about the specifics of
your case, it is always in your best interest to have a skilled
attorney by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of one of our sex
crimes lawyers in Wichita? We
encourage you to contact the McConnell Law Firm at (316) 243-5903
for a free consultation.
jonathanwmcconnell.com/contact
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