Kansas Sexual Battery Laws

Sexual Battery in Kansas refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Kansas, sexual battery is covered by a general law, and an additional “Aggravated Sexual Battery” law.

• Sexual battery is the intentional touching of another who is 16 or more years of age, who is not the spouse of the offender and who does not consent, with the intent to arouse or satisfy the sexual desires of the offender or another.
• Aggravated sexual battery is when the following factors occur: (1) When the victim is overcome by force or fear; (2) when the victim is unconscious or physically powerless; (3) when the victim is incapable of giving consent because of mental deficiency or disease, or (4) when the victim is incapable of giving consent because of the effect of any drug or alcohol was known by or reasonably apparent to the offender.

Penalties for Sexual Battery in Kansas 

The penalty for sexual battery in Kansas depend on the charges and circumstances included.

• Sexual battery: Class A Misdemeanor, up to 1 year in jail
• Aggravated sexual battery: severity level 5, person felony with a 31-34 months prison sentence

Defense of a Sexual Battery in Kansas 

The list of defenses for Sexual battery in Kansas here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Kansas  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.