KANSAS SEX CRIMES DEFENSES THAT WORK

You may have to fight your sex crimes charges. The Kansas City, Kansas (and statewide) prosecutors are typically more aggressive about these cases than others. Plea agreements are usually not desirable. You are likely wondering what are some defenses, that are based in law, that you can assert for such a crime. While your circumstances, and the allegations in your case, will determine if these are appropriate for you, each can be successful. Here are some:

• Consent. You may not be able to deny sexual contact. Especially if there is evidence this occurred but, there is no crime (except in some cases involving minors) if there was consent. Your attorney will take a careful look at whether there was evidence of force (ex. rape), the behavior of the alleged victim after sexual contact, witnesses, reliability and credibility of your accuser, etc. to support your defense;
• False accusation. Unfortunately this happens all too often (especially in Kansas child custody and breakups). You may have been blindsided by the allegations and certain that no sexual contact happened. Your attorney will have to work hard to create a timeline, review the discovery and investigate the facts in your case. If this is involving your children beware of DCF involvement;
• Alibi. Your accuser will be asked about the details surrounding the incident(s). This will include location, date and time. If you can not be placed, or shown to have access to the person/thing involved (ex. you were at work), and you can show you were somewhere else, you have an alibi;
• Insufficient evidence. Just because the Kansas prosecutor believes there is probable cause for charging you with a sex crime doesn't necessarily mean there is enough to prove it to a jury. The less proof a crime the weaker the case. In fact, part of your lawyers role will be to seek to suppress and/or exclude evidence, where applicable, to weaken the State's case; and
• Mistaken identity. Particularly related to online, phone, text, chat room and/or electronic communication (ex. internet solicitation, sexual exploitation, etc.), it may be difficult for the State to prove it was you that was making the contact. This is even harder for the Kansas prosecutor when the mode of communication was public, had multi-users and/or there is nothing directly attached to you. 

Tip: Previous sexual history of the alleged victim, and/or that they have made prior reports of sex crimes likely will not be heard by jury. The Kansas prosecutor will object to "victim blaming" and admission of previous bad acts. It will be up to your attorney to overcome those objections where lawfully possible.

Each of these defenses can be developed to tell your true story. Always remember arrests do not equate to guilt. It is possible that you are facing a lifetime of consequences, or prison time, and you need a quality defense. Call Attorney T. Morton NOW (913) 602-7288. Consultations are free and payment plans are available.