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Expert Defense for Sex Crime Charges in Kansas: Protect Your Rights with Our Skilled Attorneys

Being convicted of a sex crime is devastating on many levels. Being convicted of a sex crime has serious life-changing consequences:

  • Jail or prison time
  • loss of employment
  • loss of friends or family
  • Life long registration on the offender list required by Kansas Bureau of Investigation (KBI)

If you’ve been falsely accused of a sex crime, contact our criminal defense attorneys at SRC Law Group, LLC immediately. Our experienced team can evaluate evidence such as DNA, computer and cell phone analysis and witnesses and work on getting your case dismissed.

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Why Hire an Attorney for Sex Crime Charges?

When facing sex crime charges, it is important to hire experienced and knowledgeable criminal defense attorneys that focus on sex crimes.

Our attorneys can provide indispensable assistance in navigating the complex legal system, ensuring your rights are protected throughout the process.

We will advise you about what steps to take should a plea deal or trial be necessary. With our expertise in defending clients accused of sex crimes, we understand how best to build a strong case for our client’s defense by gathering evidence and presenting arguments that increase the chances of having charges reduced or dismissed entirely.

Additionally, our attorneys have access to resources such as private investigators and expert witnesses who may uncover new information that could prove crucial in your defense.

Ultimately, having our attorneys on your side can help ensure that you receive the best defense under the law while protecting your future from potentially damaging consequences associated with sex crime convictions.

Our process typically begins with an initial consultation. During this meeting, your attorneys will discuss strategies they have used in the past to defend clients successfully, and which ones they may use for your unique situation.

How Our Attorneys Can Help.

Our attorneys will provide advice on the best course of action for your case and ensure that your rights are protected.

We have access to resources that can help prove your innocence, such as private investigators and expert witnesses who may be able to testify on your behalf.

Our sex crime lawyers can also

  1. Investigate the case thoroughly to identify any potential legal issues or to uncover any exculpatory evidence.
  2. Analyze evidence and develop defense strategies.
  3. File motions to suppress evidence or dismiss charges.
  4. Negotiate with prosecutors to secure a plea bargain or other favorable outcome for our client when possible.
  5. Represent the accused in pre-trial hearings, trials, and appeals.
  6. Develop an effective trial strategy and present compelling arguments on behalf of our client during court proceedings.
  7. Prepare clients for testifying in court if necessary and provide advice throughout the entire process from beginning to end.
  8. Challenge witness testimony or other prosecution evidence.

In addition to protecting your rights during this difficult time, we work tirelessly to minimize or dismiss any potential consequences associated with a conviction. Having experienced attorneys on your side can make all the difference in achieving favorable results for your case.

We are not afraid to take your case all the way to trial.

We fight hard for our client's rights and make sure they get a fair hearing in court. Our team of experienced attorneys will work diligently on your behalf and ensure that every detail is taken into consideration when building our defense strategy.

If a case does go to trial our criminal defense attorneys typically do the following

  1. Investigate the facts of the case and develop a defense strategy.
  2. File pre-trial motions to suppress evidence or challenge the prosecution’s case.
  3. Negotiate with prosecutors for dismissed charges, reduced charges, or an alternative sentence, such as probation instead of jail time.
  4. Prepare for trial by interviewing witnesses, hiring experts, and researching applicable laws and legal precedents that could help our client’s case.
  5. Represent our client in court during hearings and trials related to the sex crime charge(s).
  6. Cross-examine any witnesses called by the prosecution in order to discredit their testimony or raise reasonable doubt about our client’s guilt/liability for the alleged offense(s).
  7. Make opening statements, closing arguments, and other presentations on behalf of your client at trial or during plea negotiations with prosecutors prior to trial proceedings commencing (if relevant).
  8. Provide advice on how best to handle questioning from law enforcement officials if they attempt to interrogate you while under investigation for a sex crime—and be prepared to accompany you if necessary when speaking with investigators so that they do not violate any of your rights while doing so!

Our criminal defense attorneys are experts in jury selection. They have a deep understanding of the law, as well as extensive knowledge of how juries work and what makes them tick. Through careful analysis, they can identify potential jurors who may be sympathetic to their client's case and those who might not be inclined to provide a favorable verdict.

Our criminal defense attorneys understand that selecting the right jury is crucial for any trial, so they take great care when making their decisions and strive to ensure that our clients receive fair trials with impartial juries.

We understand how overwhelming it can be to face sex crime charges but rest assured knowing that we stand ready to go the distance with you in order to secure the best possible outcome for your case

Facing a Sex Crime Charge?

If you’re facing a sex crime charge, our Kansas City criminal defense attorneys at SRC Law Group, LLC are here to help. We use our 25+ years of combined legal experience to the benefit of our clients, and we’re here to assist you, too.

Kansas Sex Crimes

Surprisingly, every state’s laws are different, which means Kansas defines crimes differently than other places. However, just as all other states in the U.S., Kansas has laws on sex crimes. For the sake of understanding the rules, we at SRC Law Group, LLC decided to explain Kansas sex crimes plainly.

Kansas Sex Crimes Criminal Charges

Consent is now one of the buzzwords of the American public. Every news source, every tabloid, and every celebrity blogger is more than familiar with the use of this term. Despite its relevance in modern media, many people are still unclear as to the exact definition of Kansas consent. SRC Law Group, LLC made this page to help educate people who want to know the actual definition of consent.

Interestingly, consent in Kansas is not a clearly defined legal term. However, we can deduce the legal definition of consent by examining the laws that deem an act as a sex crime.

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not attainable through misrepresentation of the sexual act as a medically or therapeutically necessary procedure;
  • Not attainable through misrepresentation of the sexual act as a legally required procedure within the scope of the offender’s authority;
  • Not viable if consent is withdrawn during the act.

In some states, silence to a proposition of a sexual act is not an admission of consent to that act. However, in Kansas, silence can be deemed as consent to a behavior given the silence does not stem from fear or force.

Who Can Consent?

In Kansas, the age of consent is 16-years-old: therefore, if someone is younger than 16 years old, they cannot legally give consent to a sexual act. If a 16-year-old sleeps with a 15-year-old, he or she can be charged with statutory rape regardless of the difference in age. Additionally, only people who can understand and withdraw consent are legally able to consent to a sexual act.

Kansas Dating Laws

The “age of consent” is the age at which the law considers someone old enough to be able to give informed consent to sexual activity. This means someone below this age is incapable of giving their consent, and therefore sexual intercourse or other sexual activity with someone below this age is automatically considered to be non-consensual. As a result, any sexual acts involving someone below the age of consent is classified as a “statutory rape” crime.

Knowing the age of consent can help a lot of people avoid possible criminal consequences, particularly teenagers and young adults who may be involved in romantic relationships around these ages. What many people also don’t realize is that the “age of consent” varies from state to state.

“Statutory Rape” or “Sex With a Minor?”

According to Kansas criminal law, the age of consent is 16 years old. That means anyone aged 15 and below cannot give legally-recognized consent to sexual activity, and any charges levied due to sexual conduct with someone 15 and below will be considered “statutory rape.” This a serious crime with severe penalties including possible punishment of life in prison. Visit our Statutory Rape charges page to read more.
One of the easiest ways to turn a regular dinner into a romantic evening: enjoying alcohol. Alcohol and romance go together; in fact, a recent study performed by alcohol.org found that at least 85% of millennials drink on a first date. While there is nothing wrong with calming the nerves while going out, it’s important to know how alcohol or drugs can impact sexual consent.

Limitations of Consent

Legally, a person cannot give consent to a sexual act under several circumstances:

  • When overcome by force or fear;
  • When unconscious or physically powerless;
  • When unconscious or physically powerless;
  • When incapable of giving consent because of mental deficiency or disease; and
  • When incapable of giving consent because of alcohol, drugs, or other substances.

As you can see, someone intoxicated may arguably be “incapable of giving consent” because of their condition. As a result, if someone has sex with someone who is intoxicated, the intoxicated person may be able to press charges against the sexual partner.

What if Both Parties Are Intoxicated?

A state of intoxication is a limitation of consent, but that doesn’t mean it’s a viable defense for the accused. This means people who have drunken sexual encounters could press charges against their partners, but these partners are not guaranteed to get rid of their charges.

Have You Been Accused?

If you or a loved one has been accused of sexual assault, SRC Law Group, LLC can help. Our firm has experience representing clients in a variety of sex crime scenarios, which means we are ready to fight for your case.

What makes a relationship last? If you Google this question, “keeping the sexual spark alive” is almost always on the list. While every couples’ sexual appetite is different, many turn to roleplay to keep things fresh in the bedroom. While roleplaying is a great way to spice up your love life, you should be careful because the boundaries of consent still exist.

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not viable if consent is withdrawn during the act.

As you can see consent has many stipulations and roleplaying can blur these lines.

RACK, SSC, and Legal Consent

Many role players delve into dominance, submission, and bondage (commonly known as BDSM). While the BDSM community follows tenets such as safe, sane, and consensual (SSC) and risk-aware consensual kink (RACK) sexual practices, the law gives no preference to such tenets.

In other words, the law does not recognize any other tenets other than its own.

Therefore, if someone is involved in BDSM and asks to stop, but the partner continues, the partner could be found guilty of a sex crime.

Safe words and Consent

Many role players use “safe words” to denote when they are finished participating in sexual acts. A safe word is a word or phrase that a couple agrees to use if a fantasy pushes past one’s consensual boundaries. The idea behind a safe word is that either party could say anything other than the safe word and still consent to the act that’s taking place.

Therefore, in the world of roleplaying, saying things like stop, quit, I’m done, I don’t like this, and other negative phrases are not signs of displeasure, and the couple will continue the act unless the safe word is used.

Unfortunately, the law does not recognize predetermined safe words as an automatic defense in sex crime cases. Therefore if a partner asks you to stop what you're doing without using a safe word, and you choose to continue, you could be found guilty of a sex crime.

Contracts and Consent

Many people believe that as long as two consenting adults agree to an act and make a contract, then both of those parties have to follow through with the details they agreed to. However, that’s not the case. A “sex contract” is seen as the same as verbal consent, and any party can opt-out of the contract at any time.

Therefore, sex and slave contracts are not legally binding.

If someone continues with an act based on a contract rather than a partner’s consent, he or she could be charged with a sex crime.

Defenses to Sex Crimes

If you are facing false allegations of a sex crime, there are a variety of defenses which can counter the charges. If convicted of a sex crime in Kansas, not only do you face a lengthy prison sentence, but you must also register as a sex offender which can dramatically hinder your ability to gain employment, apply for college, find housing, and take advantage of other opportunities in life.

Having an experienced criminal defense lawyer on your side can make a significant difference. Your attorney can assess your case, determine all of the available defenses, and protect your rights and future from criminal consequences.

The following are the most common defenses to sex crimes:

Innocent

You may argue that you are completely innocent of the charges because you were not at the place during the time which the alleged offense occurred. This is commonly known as an alibi. In order to support your alibi, you must prevent evidence that you were at a different location at the time the crime took place. If you were at the same location the alleged incident happened, you could also demonstrate that no sexual activity occurred.

Consent

Although the sexual encounter occurred, you could argue that the victim expressed consent prior to the incident in question. Even if forensic evidence shows you were involved in a sexual act with the accuser, this fact no longer matters unless it shows force was also a factor.

Revenge

Whether no sex occurred or the sexual activity was consensual, your lawyer could question the alleged victim’s motivation for making such allegations. Were you and the alleged victim involved in an emotional breakup? Could the alleged victim financially benefit from the sex crime accusations? Is the accuser attempting to protect his/her reputation by claiming a sex crime as opposed to admitting consent? Any of these motives could cause the jury and judge to second-guess the accuser’s testimony?

Taint

In the event you were accused of a sex crime involving a minor child, taint occurs when a child is involved in suggestive interviews conducted by law enforcement, therapists, and even the child’s own parents. Not only do children often want to please adults by affirmatively answering their questions during these interviews, but they are also sensitive to the implantation of false memories.

Inadequate Collection of Evidence

Gathering evidence from the alleged victim and the scene of the criminal offense must be done according to a strict protocol. If the evidence is improperly obtained or the police failed to follow the lawful procedures, the evidence could be considered tainted.

Sex Crimes FAQ's

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