RAPE UNDER KANSAS LAW
21-5503. Rape. (a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim 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;
(3) sexual intercourse with a child who is under 14 years of age;
(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 medically or therapeutically necessary procedure; or
(5) 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) (1) Rape as defined in:
(A) Subsection (a)(1) or (a)(2) is a severity level 1, person felony;
(B) subsection (a)(3) is a severity level 1, person felony, except as provided in subsection (b)(2); and
(C) subsection (a)(4) or (a)(5) is a severity level 2, person felony.
(2) Rape as defined in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit rape as defined in subsection (a)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(c) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 2022 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as defined in subsection (a)(3);
(2) subsection (c) of K.S.A. 2022 Supp. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as defined in subsection (a)(3); and
(3) subsection (d) of K.S.A. 2022 Supp. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as defined in subsection (a)(3).
(d) It shall be a defense to a prosecution of rape under subsection (a)(3) that the child was married to the accused at the time of the offense.
(e) Except as provided in subsection (a)(2), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sexual intercourse, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim 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;
(3) sexual intercourse with a child who is under 14 years of age;
(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 medically or therapeutically necessary procedure; or
(5) 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) (1) Rape as defined in:
(A) Subsection (a)(1) or (a)(2) is a severity level 1, person felony;
(B) subsection (a)(3) is a severity level 1, person felony, except as provided in subsection (b)(2); and
(C) subsection (a)(4) or (a)(5) is a severity level 2, person felony.
(2) Rape as defined in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit rape as defined in subsection (a)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(c) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 2022 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as defined in subsection (a)(3);
(2) subsection (c) of K.S.A. 2022 Supp. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as defined in subsection (a)(3); and
(3) subsection (d) of K.S.A. 2022 Supp. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as defined in subsection (a)(3).
(d) It shall be a defense to a prosecution of rape under subsection (a)(3) that the child was married to the accused at the time of the offense.
(e) Except as provided in subsection (a)(2), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sexual intercourse, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.
KANSAS DEFENSES TO RAPE CHARGES
Defense to Kansas Sex Crimes Charges -Felony and Misdemeanor
Depending on your exact charges you may have any one of the following defenses available:
Depending on your exact charges you may have any one of the following defenses available:
- Consent
- Lack of knowledge
- Mistaken identity
- Insufficient evidence
- No sexual contact, and more.
You need an attorney you trust to represent and advocate for you. Remember that no the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton may be the most important decision you make. Call now for your free consultation 913.602.7288