IS the previous sexual conduct of the alleged victim admissible in kansas?
It is often impossible to get a jury to hear about the prior sexual conduct of the complaining witness. That is for a number of reasons, to include Kansas' desire not to suggest the complaining witness is responsible for the crimes against them. However, there are certain instances where this may be relevant and/or offer a potential defense. In order to get this information before a jury your lawyer would need to do the following:
1. 7 days before a proceeding, submit a written motion requesting the admission of evidence or testimony; and
2. This motion must outline the evidence or testimony to be presented, its relevance and have an affidavit with an offer of proof.
All parts of this motion are restricted, unless the Court allows otherwise, except for from you and the lawyers involved in the case. The Court will then take into consideration the relevance of the materials presented, and if it finds that there are no other restrictions it may allow your request.
In the alternative, if the prosecution or the witness brings up their prior sexual conduct then your lawyer can cross-examine them on the topic and offer other related evidence in rebuttal.
This applies to all of the below sex crimes (21-5502):
(1) Rape
(2) indecent liberties with a child
(3) aggravated indecent liberties with a child
(4) criminal sodomy
(5) aggravated criminal sodomy
(6) aggravated indecent solicitation of a child
(7) sexual exploitation of a child
(8) aggravated sexual battery
(9) incest
(10) aggravated incest
(11) indecent solicitation of a child
(12) aggravated assault
(13) sexual battery
(14) unlawful voluntary sexual relations
(15) aggravated human trafficking
(16) commercial sexual exploitation of a child
(17) electronic solicitation
(18) internet trading in child pornography
(19) aggravated internet trading in child pornography
(20) attempt.
1. 7 days before a proceeding, submit a written motion requesting the admission of evidence or testimony; and
2. This motion must outline the evidence or testimony to be presented, its relevance and have an affidavit with an offer of proof.
All parts of this motion are restricted, unless the Court allows otherwise, except for from you and the lawyers involved in the case. The Court will then take into consideration the relevance of the materials presented, and if it finds that there are no other restrictions it may allow your request.
In the alternative, if the prosecution or the witness brings up their prior sexual conduct then your lawyer can cross-examine them on the topic and offer other related evidence in rebuttal.
This applies to all of the below sex crimes (21-5502):
(1) Rape
(2) indecent liberties with a child
(3) aggravated indecent liberties with a child
(4) criminal sodomy
(5) aggravated criminal sodomy
(6) aggravated indecent solicitation of a child
(7) sexual exploitation of a child
(8) aggravated sexual battery
(9) incest
(10) aggravated incest
(11) indecent solicitation of a child
(12) aggravated assault
(13) sexual battery
(14) unlawful voluntary sexual relations
(15) aggravated human trafficking
(16) commercial sexual exploitation of a child
(17) electronic solicitation
(18) internet trading in child pornography
(19) aggravated internet trading in child pornography
(20) attempt.
KANSAS SEX CRIME DEFENSES
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.
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid below, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid below divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid below, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid below divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- up to $500,000 if you are convicted of an off-grid felony crime;
- up to $300,000 if you are convicted of a level 1-5 sex crime; or
- up to $100,000 if you are convicted of any other level of sex felony.
You need an attorney you trust to represent and advocate for you. Remember that 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 to schedule a consultation 913.602.7288
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.