Sexual Battery Lawyer
What is the law on Sexual Battery?
K.S.A. 21-5505 is the law governing Sexual battery in Kansas. The law reads: (a) Sexual battery is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another. Sexual battery is a class A person misdemeanor. In short, a sexual battery is any touching that you do to another person, when that person does not consent to the touching, that you do to either satisfy your sexual desires or another person's sexual desires.
Example #1: You see an attractive person on the dance floor, you walk up and slap his or her butt. The person does not consent to the touching. A sexual battery has occurred.
Example #2: Without consent, you touch another person to satisfy their sexual desires. A sexual battery has occurred.
Example #3: Without consent, you touch another person to satisfy the sexual desires of someone else watching. A sexual battery has occurred.
How much trouble am I in if charged with Sexual Battery?
A lot. Sexual Battery is a class A misdemeanor in Kansas, if convicted of a sexual battery you are facing up to one year in the county jail. Now, in general most people do not go to jail on a misdemeanor case, however, sexual battery is different than most other misdemeanor charges. Depending on the facts of the sexual battery a person convicted of the charge has a legitimate chance of getting some time in jail. Most courts look at the personal nature of a sexual battery different than they would a simple battery or a DUI charge, especially with the changing culture around sexual behavior. If you find yourself charged with sexual battery it is important to hire a lawyer experienced with sexual battery cases, your lawyer should take into account the facts of the case, the judge and the prosecutor assigned to determine your true exposure to jail time.
Will I have to go to Jail if convicted of Sexual Battery?
There is not mandatory jail time associated with a charge of sexual battery. Depending on the facts of the case there can be a legitimate chance that a person is given jail time, especially if they are repeat offender or if the facts of the case are particularly troublesome. Having a good sexual battery lawyer at your side can mitigate the chances that you will go to jail.
Will I have to register as a sex offender if convicted of Sexual Battery?
Yes. There is no way around it, if you are convicted of a sexual battery you will become a sex offender. You will be required to register as a sex offender for at least 15 year in the State of Kansas. For more information check out more information on the Kansas Offender Registration Act.
Can I get charged with Sexual Battery in Municipal Court?
In most cities the answer is Yes. The overwhelming majority of Sexual Battery cases are referred to Johnson County District Court but some cities will keep them in Municipal Court. Remember, you always have a right to appeal your case out of city court and go to the Johnson County District Court if done within the time parameters allowed by law. Having your case charged in municipal court can be an advantage to the defense if appropriately planned for. Here is the law that most cities use when adjudicating a sexual battery case. This law is directly from the Uniform Code of Kansas Municipalities. (Which has been adopted by most cities on the Kansas side of the Kansas City Metro.
Sec. 3.2.1. Sexual Battery
(a) Sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.
(b) Sexual battery is a Class A violation. (K.S.A. 21-5505)
{Editor’s note: In City of Shawnee v. Adem, 314 Kan. 12 (2021), the Kansas Supreme Court held the Kansas Offender Registration Acts applies to any person convicted of sexual battery under Sec. 3.2.1. of the UPOC.}
Aggravated Sexual Battery
What is the law on Aggravated Sexual Battery?
K.S.A. 21-5505 is the law governing Aggravated Sexual battery in Kansas. Aggravated sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto with the intent to arouse or satisfy the sexual desires of the offender or another and under any of the following circumstances:
(1) When the victim is overcome by force or fear;
(2) when the victim is unconscious or physically powerless; or
(3) 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, or was reasonably apparent to, the offender.
Aggravated sexual battery is a severity level 5, person felony.
In short, a aggravated sexual battery is very similar to a regular sexual battery but there are a few key differences. All of the differences have to do with the victim in the case. If the victim allows a person to touch him or her for sexual gratification because they are scared, unconscious or if they have a capacity issue then the battery becomes aggravated. Below are a few examples:
Example #1: Bob tells Bill that he will kill him if Bob doesn't allow Bill to touch his body. Bill is scared and allows Bob to touch his body. Bob is touching Bill for sexual gratification. An aggravated Sexual Battery has occurred.
Example #2: Bob sees that Bill is very intoxicated. Bill is so intoxicated he doesn't have control of himself. Bob touches Bill for sexual gratification. An aggravated Sexual Battery has occurred.
Example #3: Bob suffered a serious injury and is bedridden. Bill goes to the hospital and without consent touches Bill's body. Bill is touching Bob for sexual gratification. An aggravated Sexual Battery has occurred.
How much trouble am I in if charged with Aggravated Sexual Battery?
If you are charged with aggravated sexual battery you face life altering consequences if convicted. Every single aggravated sexual battery case is presumptive prison under the Kansas Sentencing Guidelines. What that means is if you are charged, then found guilty, regardless of your criminal history, the judge is supposed to sentence you to a prison sentence. Now, that doesn't mean that you are 100% going to prison if charged, it doesn't even mean you are 100% going to prison if you are convicted. It just means that you are facing a presumptive prison sentence. It is important to hire an experienced sexual battery lawyer from the outset of the allegations to present a strong defense to the allegations. Below is a sentencing grid with out outline of possible punishments for aggravated sexual battery.
Will I have to go to Jail if convicted of Aggravated Sexual Battery?
If you are convicted of Aggravated Sexual Battery, the judge is supposed to sentence you to a prison sentence. That doesn't mean that everyone goes to prison that gets convicted. There are ways to mitigate the chances that you will serve time even if convicted. Getting an evaluation and engaging in treatment can reduce the chance of getting in-custody time. Additionally, you always have the opportunity to file a motion for a dispositional departure, to try to get probation even if you are convicted.
Will I have to register as a sex offender if convicted of Aggravated Sexual Battery?
The simple answer is yes. If you are convicted of aggravated sexual battery, you will have to register as a sex offender. Current registration time is 25 years for this offense. It is important to remember that just because you are charged with Aggravated Sexual Battery and facing registration, that there are ways to defend the case or mitigate the potential consequences. You need to sit down with an experienced sexual battery defense lawyer to develop a plan from the outset of the allegation.
What do I do if I've been charged with Sexual Battery?
The first thing you want to do when the city claims you have violated a law is research. The good news is you’re already on the right path! Understanding the law that you will be judged under is a great place to start. The next thing you need to do is to sit down with an experienced criminal defense lawyer that has helped other people in the same position that you find yourself in. This will help you gain more knowledge about your charge and about the court.