Sex Crimes Attorney and Rape Defense Lawyer

Sex crimes, such as rape, carry life-long consequences. You can be sentenced to prison for decades, and required to register as a sex offender even after you are released from prison. Rape and other sex crime allegations must be defended by the most zealous and experienced sex crimes lawyers. Our law firm strives to provide the best defense for our clients. As your attorneys, we will aggressively advocate for you.

Rape Charges and Sex Crimes Defense

When Rape charges are filed in Kansas, under statute K.S.A. 21-3502, the District Attorney is alleging that the Defendant charged engaged in sexual intercourse with a person, without their consent. The prosecutor can have different theories upon which he may attempt to prove this claim. These theories may be that the victim was scared, unconscious, mentally unable to provide actual consent, underage, or was tricked into having sex by being told it was medically or therapeutically necessary for them.

Kansas Statute for Rape. K.S.A. 21-3502

21-3502. Rape . (a) Rape is: (1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:
(A) When the victim is overcome by force or fear;
(B) when the victim is unconscious or physically powerless; or
(C) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
(2) sexual intercourse with a child who is under 14 years of age;
(3) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.
(b) It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense.
(c) Except as provided further, rape as described in subsection (a)(1) or (2) is a severity level 1, person felony. Rape as described in subsection (a)(2) or attempt, conspiracy or criminal solicitation to commit rape as described in subsection (a)(2), when the offender is 18 years of age or older, is an off-grid person felony. Rape as described in subsection ( a)(3) or (4) is a severity level 2, person felony. (d) If the offender is 18 years of age or older, the provisions of: (1) Subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as described in subsection (a)(2); (2) subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as described in subsection (a)(2); and (3) subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as described in subsection (a)(2).