Kansas Age of Consent: A Quick Overview
In Kansas, the age of consent refers to the legal minimum age at which an individual is considered old enough to provide consent to sexual activity, which would allow for those involved not to be charged with statutory sexual assault, or any sexual offense in the first degree. The statutory sexual offenses laws are set forth in KRS Chapter 21 .
Under the current laws, the legal age of consent in Kansas is 16. Unlike some other states where there is a more ambiguous approach to the age of consent, Kansas specifies several related laws that determine the age of consent with much clearer definitions.
By comparison, there are many other states where the age of consent is 18, which can have a significant bearing on an individual’s situation.
What Does Kansas State Law Say about Age of Consent
The legal landscape surrounding consensual sexual relationships involving minors in Kansas is fraught with potential criminal penalties. While the law does provide for certain exceptions, these are narrowly defined and applicable primarily when the partners in question are also legally married to one another.
In the vast majority of cases, those who engage in sexual activities with a minor below the age of consent will be guilty of a Class A misdemeanor, while those who engage in sexual intercourse or sodomy in the first degree (the act of deviate sexual intercourse by presenting one’s sex organ to another person) will be guilty of a severity level 5 felony, punishable by up to 17 months in prison and/or a fine.
However, those who engage in sexual activity or sodomy with as many as four different minors under the age of consent will be guilty of aggravated indecent liberties with a child, a severity level 2 felony punishable by no less than two years in prison and not more than five years. If the penalty is enhanced to aggravated indecent liberties with a child more than four times, it is classified as sexual exploitation of a child, a severity level 2 felony that is punishable by up to 54 months in prison and/or a fine of as much as $300,000.
Kansas law requires those tried and found guilty of any of these secondary felonies to undergo at least 40 days of confinement in prison. Conviction of these offenses also requires that they undergo mandatory registration as offenders under the Kansas Bureau of Investigation’s offender registry.
Close-In-Age Exception and Other Exceptions in Kansas
There are a few exceptions to the general rule mentioned above. First, the age of consent for same-sex couples in Kansas is the same as for opposite-sex couples. Second, in some states, there are close-in-age exemptions, often colloquially referred to as "Romeo and Juliet" laws. Such an exception exists in Kansas, applicable only to males. Specifically, Kansas law provides that it is not unlawful for a male who is 14 years of age or older to engage in consensual sexual intercourse with a female if the small age difference between the parties is no more than four years. The Kansas statute provides: (a) … [I]f the female is at least 14 years of age, but less than 16 years of age, it is an affirmative defense to a charge of unlawful sexual intercourse with a female if the defendant establishes by a preponderance of the evidence that: (1) [T]hat the defendant was no more than four years older than the female;… and (3) [t]he female was not the defendant’s employee, an inmate as defined in K.S.A. 21-511, and amendments thereto, on probation, parole or conditional release granted by the department of corrections or the state parole board, a patient in an adult care home as defined in K.S.A 65-425, and amendments thereto, or an inmate in any adult or juvenile correctional institution as defined in K.S.A. 76-1201, and amendments thereto, or any facility operated or under the authority of the secretary of corrections."
Implications for Individuals and the Kansas Community
Understanding Kansas Age of Consent Laws
The impact of Kansas age of consent laws can be far-reaching and devastating, not only for those accused of violating the laws, but also for their families, friends and communities. In this section, we will explore the consequences for individuals who are charged with sexual crime, as well as preventative measures available, and the role education plays in the greater effort to protect minors and adults alike.
Overall, the effects of being charged with or convicted of a sexual crime can have permanent psychological and emotional implications for defendants, victims, and families. Unfortunately, the stigma associated with such crimes often follows defendants around even after their names have been cleared in a court of law or following the completion of their sentences. This can lead to further emotional trauma and significant costs related to counseling and legal fees. Due to this very real possibility, it’s always advised to seek legal representation when it comes to sex crimes. An experienced sex crimes attorney serving Kansas and Missouri will have the expertise necessary to help you navigate the complexities of the charges you are facing and act as your advocate throughout the process. They can help you identify the possible ramifications of a conviction, potential defenses, and even possible plea deal scenarios . The sooner you get them on your case, the better your chances of obtaining the most favorable outcome possible in your case.
The best way to prevent minors from engaging in such conduct in the first place is through education. Children should be taught from a young age about proper boundaries between themselves and other children, as well as parents and other trusted adults in their lives. Emotional control and respect for other people’s rights are essential lessons that should be taught and emphasized in the home. From an even broader community standpoint, age of consent laws are designed to protect minors from manipulative behavior, grooming and predatory conditions. By maintaining these laws and ensuring they are enforced, and to inform the public about such crimes, Kansas has taken an important step toward protecting children.
Over and above education at home, there are many community organizations that are dedicated to educating children about the dangers of sexual crime and how to keep themselves safe. As of now, Kansas law does not include programs mandated under state law, but this is not to say parents and caretakers cannot play a critical role in protecting their children from pedophilia and other sex crimes. These resources promote essential life lessons and provide educational opportunities about sex crimes, which help to protect children, their siblings, and their communities as a whole.
Recent Changes Regarding Age of Consent in Kansas
There have been no recent changes or legal developments in the area of Kansas age of consent laws. Changes to the law regulating the age of consent are part of a broader conversation on laws relating to sexual misconduct, particularly laws that deal with assault and rape. The conversation on those laws had not made much progress over the last year or so. Since the beginning of the year, however, a number of changes have been made to laws relating to sexual offenses. The evolution of those laws will impact the future of laws related to the age of consent, although there is no clear indication of how they will impact those laws.
By way of example, one change this year that impacts the age of consent laws is a change to Kansas law regarding the definition of consent in the law. Previously, there was no question as to whether or not consent could be withdrawn. Now, the law states that consent can be withdrawn at any time. This change ostensibly makes it easier for alleged victims to claim that consent was invalid when consent is withdrawn shortly before, or even during, sexual activity. The change is intended to help lessen the burden on individuals who claim to have been assaulted or raped.
It remains to be seen what effect the change to the law will have on the field of consent in Kansas.
Resources for Further Legal Assistance and Support
Kansas State Law prohibits sexual contact with a person who is less than 16 years old. Consent acquired from this minor individual is ineffective to shield the older party from prosecution and conviction for statutory rape. It is important to note that even in cases where the older party is not arrested and charged with statutory rape, many professions have a mandatory reporting requirement. This means that if individuals in those professions become aware that a crime has occurred , they are legally and ethically required to report it to authorities. The following resources may assist you or a loved one seek the legal help and support that you need regarding issues related to Kansas Age of Consent Laws.
The National Child Traumatic Stress Network
National Sexual Violence Resource Center
Morality in Media
Kansas Coalition Against Sexual & Domestic Violence
Kansas Statutes FAQ
Kansas Coalition Against Sexual and Domestic Violence Resources Page