Sex Crimes Defense Lawyers in Topeka, Kansas

Often, people accused of sex crimes are judged even before their trial. The “court of public opinion” can be harsh on people accused of rape, sexual battery, and so on.

At this challenging and often traumatic time, it helps to have the guidance of an experienced sexual offense lawyer to prepare the defense that you are entitled to.

The team at Irigonegaray & Revenaugh, LLP has a successful record in defending people wrongly accused of sex crimes and we can help you escape the serious consequences of a conviction.

What to Do if You Are Accused of a Sexual Offense

Facing accusations of a sexual offense can be overwhelming and distressing, but taking early and strategic action can make a significant difference. Often, law enforcement will request to interview you before any charges are filed, and deciding if or when to speak with them should always be done with legal counsel.

Consulting one of Irigonegaray & Revenaugh, LLP’s experienced Topeka sex crime defense attorneys before any police contact ensures you are making informed decisions from the start, including how to approach a police statement, if advisable.

While it is natural to want to explain your side of the story, to police, on social media, or even with trusted friends or family, any statements you make could inadvertently strengthen the case against you and turn close relations into potential witnesses for the prosecution.

At Irigonegaray & Revenaugh, LLP, our approach is meticulous and strategic. We work with you from the pre-charge stage, thoroughly reviewing the facts, evaluating legal nuances, and building a defense plan tailored specifically to your case to achieve the best possible outcome.

What is sexual battery in Kansas? 

You can be charged with a sex crime in Kansas even if no sexual intercourse occurred.

If you are accused of touching a person over the age of 16 without their consent, for the purpose of sexual arousal or satisfaction, it can lead to a charge of sexual battery.

What is aggravated sexual battery in Kansas?

Aggravated sexual battery is a similar but more serious charge. It is committed when someone touches a person over the age of 16 without their consent, for the purpose of sexual arousal or satisfaction, when the victim is:

• Overpowered by force or fear
• Physically helpless or unconscious, or
• Unable to consent because of a mental condition or disorder or because of intoxication (if the defendant is aware of the intoxication)

For a charge of aggravated sexual battery, no sexual penetration is necessary but it could include forcing someone to perform oral sex.

What is sexual assault in Kansas?

In Kansas, sexual assault is broadly defined for purposes such as obtaining a Protection from Stalking, Sexual Assault, or Human Trafficking Order. This legal definition includes:

• Non-Consensual Sexual Acts: Any sexual act performed on an individual without their consent, regardless of the relationship between the parties involved.
• Attempted Sexual Acts Using Force or Threats: Sexual acts that were attempted but not completed, especially if force, threats, coercion, or pressure (referred to as “duress”) were used to compel the individual.
• Sexual Acts with Incapacitated Individuals: Attempts at sexual acts with individuals who are legally or physically incapable of providing consent, due to age, disability, or other incapacitating factors.

Notably, a person does not need to be arrested or charged for their actions to qualify as sexual assault in order to apply for a protection order. The petitioner only needs to allege an act that would meet the state’s definition of sexual assault for consideration.

What is rape in Kansas?

Rape occurs when a person engages in sexual intercourse with another person without that person’s consent when the victim is:

• Overpowered by force or fear
• Physically helpless or unconscious, or
• Unable to consent because of a mental condition or disorder or because of intoxication (if the defendant is aware of the intoxication)

In Kansas, you can also be charged with rape if you are accused of engaging in sexual intercourse with a child under the age of 14 or if a person of any age consented to sexual intercourse due to your claim that it was medically or legally necessary.

What happens during a police investigation for a sex crime?

If you are accused of a sex crime in Kansas, a police investigation will be launched. 

The police will start attempting to gather evidence to prove what happened and, if there is enough evidence against you, you may be charged and taken into custody.

Different types of evidence will be collected by the police. Two of the most important types are victim statements and physical evidence.

Victim sex crime statements

In Kansas, separate approaches are taken with victim statements depending on the age of the victim.

For a child’s allegations of sexual abuse, he or she is usually referred by police to the Sunflower House agency. Professionals at this agency are specially trained in interviewing children, following strict guidelines to gather permissible evidence.

For adults, the victim statement is usually taken and recorded by a law enforcement officer or a detective. It can be in the form of video, audio or writing only.

Physical evidence from a sex crime

The police will begin gathering physical evidence in the case against you. This could include:

• Fingerprints or palm prints
• Bedding
• Clothing
• Hair samples
• Video
• Photographs
• Various objects
• Biological materials

The victim usually undergoes a medical examination by a nurse specially trained in the collection of bodily evidence from sexual abuse victims.

If you are accused of a sex crime in Kansas, you may be asked for a DNA sample or for permission to search your home, in the absence of the appropriate warrants. You will also be asked questions by law enforcement.

If you are in this position, it is best to do and say very little without first speaking to your lawyer.

Defenses against sex crimes in Kansas

Your defense lawyer will begin by examining all the evidence against you and determining how it was collected. If it can be established that police actions breached your Charter rights, it can even lead to the charges being dropped.

Even if the evidence against you is strong, a good sex crime defense lawyer will prepare a defense that calls into question elements of the prosecution’s case, including the reliability of victim statements and the physical evidence.

One of the most common defenses to a charge of sexual battery in Kansas is that the defendant is the victim’s spouse. 

However, this only applies if you are still living together and there has been no application for separation, divorce, annulment, or a protective order against the partner.

The “marital rape” defense still applies to some non-forcible sex crimes, but it has largely disappeared in Kansas.

Possible penalties for sex crimes in Kansas

In Kansas, there are strict guidelines for the punishment of sex crimes, but judges can exert discretion when sentencing.

The exact nature of the crime, the relationship between the defendant and the victim, and past criminal history will all be considered in the judge’s decision.

Sexual battery is treated as a class A misdemeanor offense. It is punishable by:

• Up to one year in jail, or
• A fine of up to $2,500, or
• Both

Aggravated sexual battery is a level 5 felony with far harsher punishments:

• 31 to 136 months imprisonment, and 
• A fine of up to $300,000

Rape is considered a level 1 felony. It is punishable by:

• 147 to 653 months in prison, and 
• A fine of up to $300,000

The rape of a child by an adult is what is called an “off-grid felony” in Kansas, punishable by:

• Life imprisonment, and 
• A fine of up to $500,000

Does a Kansas sex offender need to register?

If you are convicted of rape or sexual battery in Kansas, you will be required to register as a sex offender every three months for at least the next 15 years.

It also applies to those convicted of the following crimes:

• Criminal sodomy
• Sexual exploitation of a child
• Promoting prostitution
• Lewd and lascivious acts with an individual under the age of 18
• Indecent liberties with a child

Registration entails providing local law enforcement officers with a mailing address, email address, and a photograph.

The information contained in the sex offenders’ register is available in an online database.

Contact Irigonegaray & Revenaugh, LLP Today

As you can see, a conviction for a sex crime in Kansas can lead to long-term and life-altering consequences. 

However, you have a good chance of avoiding such harsh punishment with a strong defense.

At Irigonegaray & Revenaugh, LLP, our sex crime lawyers will work to clear your name and reduce the consequences for your future.