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Sexual Battery Defense Attorneys
Our goal with this page is to answer the question "What is Sexual Battery?" We will cover why charges are filed, the criminal charges as defined by laws, and the consequences of being found guilty of Sexual Battery. Sexual Battery charges can also lead to a civil lawsuit.
A common misconception about sexual battery is that an injury needs to be involved for you to be charged with sexual battery. The truth is you can be charged with sexual battery just by making physical contact or be accused of physical contact that is considered to be sexual by the accuser.
People are often falsely accused of sexual battery by an ex-boyfriend or ex-girlfriend, someone scorned, and more. People have been accused of sexual battery by the accuser for many reasons including
- revenge,
- monetary gain,
- false memories,
- racism,
- regret,
- receiving attention,
- denying a consensual sexual encounter,
- mental instability,
- gaining leverage in a custody or divorce, and more.
Sometimes the accuser just misinterprets the accused actions as sexual.
It is not difficult to be charged with sexual battery. This crime can have serious repercussions on your life and reputation including jail/prison time, fines, loss of rights, and registering on the offender list for life. If you are accused of Sexual Battery, you can receive criminal charges and a civil lawsuit.
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What is Sexual Battery?
In Kansas, sexual battery is a Class A person misdemeanor and can result in penalties, including a $2,500 maximum fine and up to a year of jail time.
Sexual battery is a sexual crime involving the touching of a victim without his or her consent.
Sexual battery occurs when a person older than 16 years of age sexually touches another individual without his or her consent (even in dating relationships.)
Sexual battery charges do not apply to spouses of offenders.
Generally speaking, this crime occurs when there is no consent from the recipient of sexual behavior. In most circumstances, the perpetrator is one who is accused of forcibly touching the victim to arouse him or her sexually.
What is Aggravated Sexual Battery?
Aggravated sexual battery is similar to sexual battery but only applies to specific scenarios.
Aggravated sexual battery is a severity level 5 felony in Kansas which carries a penalty of 34, 32, or 31 months in prison and a fine of up to $300,000.
Aggravated sexual battery is the same crime as sexual battery, but includes one of the following circumstances:
- The victim is overcome by force or fear; or
- The victim is unconscious or physically powerless; or
- 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.
What To Do When Facing False Sexual Assault Allegations.
False sexual assault allegations can tarnish reputations, ruin relationships, end businesses and jobs, sever ties with an educational institution and even result in jail time. It is easy to make false accusations and many people do it, whether it’s a child who wants attention or an adult who is seeking revenge. With so much on the line, it is important you know what steps to take in order to protect your rights and clear your name.
-
Seek proper legal representation if you find yourself on the wrong end of false sexual assault accusations. An attorney can discuss your case, investigate the allegations, and fight on your behalf.
-
Gather any evidence that may be redeeming. That could come in the form of recorded phone calls, text messages or emails that may show the person making the false allegations, telling the truth. You may also have witnesses or photos/videos of the alleged incident that can prove your innocence.
-
Stay off social media while your case is going on. Anything you say online can and will be found by the opposing attorney, which can be used against you, even if it has nothing to do with the case. In addition, make your social media private to avoid anyone digging up inflammatory comments you made in the past.
-
Take the accusations seriously. Talk to your attorney about what you need to do to put yourself in the best position to succeed, whether that means staying away from your accuser or not speaking to the police without your lawyer present.
Protecting Your Legal Rights When Accused of Sexual Battery
Defenses against sexual battery and aggravated sexual battery charges.
It was unintentional.
To be convicted of aggravated sexual battery the state must prove that penetration was intentional. If your lawyers can provide any evidence that penetration was an accident or not intentional then the aggravated sexual battery charges might be dismissed or dropped.
You had consent.
You cannot be convicted of sexual battery if you had the "victim's" consent. The defense is to provide proof the accuser did provide consent or agreed to the behavior. Providing proof of consent could lead to the sexual battery charges being dropped or dismissed.
Lack of evidence / alibi.
If you have been accused of sexual battery but can provide an alibi to your whereabouts during the time of the alleged crime, proof could possibly lead to charges being dismissed. Kansas must prove beyond a reasonable doubt that the accused committed the crimes.
Our Kansas aggravated sexual battery attorneys investigate every area of your case, especially whether there is enough proof for you to be charged or convicted. If the State does not have enough evidence or the evidence was not lawfully obtained, charges might be dropped or dismissed.
Statute Of Limitations For Sexual Battery & Aggravated Sexual Battery
Statute of limitations for sexual battery, criminal charges must be filed within five (5) years after the alleged crime is committed.
Statute of limitations for aggravated sexual battery when the victim is eighteen (18) years of age or older, charges must be filed within ten (10) years of the occurrence of the violation, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
When the victim is a minor, less than eighteen (18) years of age, charges must be filed within ten (10) years of the date the victim turns eighteen (18) years of age, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
Contact Kansas City Criminal Defense Attorneys
Kansas City criminal defense attorneys SRC Law Group specialize in sexual battery crimes and civil lawsuits. We will vigorously defend your legal rights and advocate on your behalf to have your case dismissed or the charges against you reduced. You have rights and defenses available to you so call us at (913) 948-9311, and we can discuss your situation. We invite you to schedule a discreet, free initial consultation to discuss your particular case.
Why Hire SRC Law Group for Criminal Defense in a Sexual Battery Case
With the combined expertise of our founding attorneys, SRC Law Group is well-equipped to handle your sexual battery case. We understand the gravity of these charges and will work tirelessly to ensure your rights are protected, and the best possible outcome is achieved. Don't hesitate to contact us for legal representation that you can trust and depend on.
Attorney Phil Stein is an ideal choice for legal representation in a rape case due to his extensive experience in handling serious and complex criminal matters, both as a prosecutor and a defense attorney. Having begun his career as an Assistant District Attorney at the Johnson County District Attorney's Office, Phil spent two years prosecuting domestic violence and juvenile offender cases before being promoted to the Sex Crimes Division. This background has equipped him with a deep understanding of the intricacies and challenges involved in prosecuting and defending rape cases.
As a former attorney in the sex crimes unit for over 5 years, Phil is well-versed in the nuances of rape cases, having worked closely with law enforcement and other professionals to prepare these major felony matters for trial. His expertise in analyzing forensic evidence such as biological forensics, DNA, crime scene processing, toxicology, ballistics, and computer/phone forensics, gives him an edge in crafting strong defenses for his clients.
Phil's transition to criminal defense in 2011, where he handled city, state, and federal criminal matters, including serious felony and sex crimes cases, further solidifies his qualifications as an expert in rape cases. His experiences in both prosecution and defense provide him with a comprehensive perspective, enabling him to anticipate and counter the tactics used by the opposing side.
Trust Phil Stein to aggressively defend your rights in a rape case and achieve the best possible outcome for your situation. His vast knowledge and experience, combined with his dedication to maintaining positive professional relationships with law enforcement and prosecutors, ensure that you will receive the best representation possible. Don't wait, call SRC Law Group today at (913) 948-9311 for a free consultation.
Attorney Adam Chingren's experience as an attorney in the Office of the Public Defender makes him an exceptional choice for representing you in a rape case. During his four years at the public defender's office, Adam worked on over 500 felony cases, including off-grid sex crimes and first-degree murder, gaining invaluable insight into the criminal justice system and the intricacies of Sexual Battery cases. His background in civil litigation, where he honed his skills in drafting pleadings, conducting depositions, and trial preparation, further strengthens his ability to build a solid defense strategy for your case.
Adam's extensive trial experience, combined with his knowledge of all aspects of criminal cases, equips him to handle even the most complex rape cases with the utmost diligence and attention. His success in arguing cases in District court and before the Kansas Court of Appeals demonstrates his dedication to advocating for his clients' rights.
As a nationally ranked Top 10 Under 40 by the National Academy of Criminal Defense Attorneys in 2019 and 2020, Adam's expertise is an invaluable asset for those facing rape charges. His recognition in the legal community is a testament to his commitment to excellence in criminal defense.
By choosing Adam Chingren as your legal representation, you can be confident in his ability to protect your rights and secure your future. Don't hesitate to contact SRC Law Group at (913) 948-9311 for a free consultation and experience Adam Chingren's unwavering dedication to providing the best possible defense for your case.
Attorney Ashley E. Repp's specialized experience in sex-related offenses and crimes against children positions her as a strong advocate for those accused of Sexual Battery. With over 5 combined years as an assistant prosecutor in Platte and Clay County, Ashley has honed her skills in handling a wide range of cases, including DWI/DUI, forgery, stealing, and assault cases. Her unique background allows her to bring valuable insights to her clients' cases.
Ashley's specialization in sex crimes began during her time at the Clay County Prosecutor's Office, where she focused on sex-related offenses and crimes against children. Her commitment to this area of law led her to undergo specialized training, including becoming a certified forensic interviewer. This certification equips her with the knowledge and skills necessary to build a solid defense for those facing rape charges, as it enables her to critically assess and evaluate witness testimonies and evidence.
Ashley's dedication, honesty, and drive are evident in her approach to each case. She believes in treating every case individually, tailoring her strategy to the unique circumstances of her clients. Her hard-working nature and determination to achieve the best possible outcome for her clients make her an invaluable asset in the courtroom.
In addition to her expertise in sex crimes, Ashley's experience in handling other criminal matters, such as DWI/DUI, property-related offenses, drug-related offenses, domestic violence, and assault cases, make her well-rounded and adaptable to the diverse needs of her clients.
Choose Ashley E. Repp to represent you in a rape case and experience her unwavering commitment to your defense. With her specialized knowledge, vast experience, and dedication to your case, Ashley will work tirelessly to ensure your rights are protected and the best possible outcome is achieved. Call SRC Law Group now at (913) 948-9311 for a free consultation.
With the combined expertise of our founding attorneys, SRC Law Group is well-equipped to handle your sexual battery case. We understand the gravity of these charges and will work tirelessly to ensure your rights are protected, and the best possible outcome is achieved. Don't hesitate to contact us for legal representation that you can trust and depend on.
Jump to Section
What is Sexual Battery?
In Kansas, sexual battery is a Class A person misdemeanor and can result in penalties, including a $2,500 maximum fine and up to a year of jail time.
Sexual battery is a sexual crime involving the touching of a victim without his or her consent.
Sexual battery occurs when a person older than 16 years of age sexually touches another individual without his or her consent (even in dating relationships.)
Sexual battery charges do not apply to spouses of offenders.
Generally speaking, this crime occurs when there is no consent from the recipient of sexual behavior. In most circumstances, the perpetrator is one who is accused of forcibly touching the victim to arouse him or her sexually.
What is Aggravated Sexual Battery?
Aggravated sexual battery is similar to sexual battery but only applies to specific scenarios.
Aggravated sexual battery is a severity level 5 felony in Kansas which carries a penalty of 34, 32, or 31 months in prison and a fine of up to $300,000.
Aggravated sexual battery is the same crime as sexual battery, but includes one of the following circumstances:
- The victim is overcome by force or fear; or
- The victim is unconscious or physically powerless; or
- 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.
What To Do When Facing False Sexual Assault Allegations.
False sexual assault allegations can tarnish reputations, ruin relationships, end businesses and jobs, sever ties with an educational institution and even result in jail time. It is easy to make false accusations and many people do it, whether it’s a child who wants attention or an adult who is seeking revenge. With so much on the line, it is important you know what steps to take in order to protect your rights and clear your name.
-
Seek proper legal representation if you find yourself on the wrong end of false sexual assault accusations. An attorney can discuss your case, investigate the allegations, and fight on your behalf.
-
Gather any evidence that may be redeeming. That could come in the form of recorded phone calls, text messages or emails that may show the person making the false allegations, telling the truth. You may also have witnesses or photos/videos of the alleged incident that can prove your innocence.
-
Stay off social media while your case is going on. Anything you say online can and will be found by the opposing attorney, which can be used against you, even if it has nothing to do with the case. In addition, make your social media private to avoid anyone digging up inflammatory comments you made in the past.
-
Take the accusations seriously. Talk to your attorney about what you need to do to put yourself in the best position to succeed, whether that means staying away from your accuser or not speaking to the police without your lawyer present.
Protecting Your Legal Rights When Accused of Sexual Battery
Defenses against sexual battery and aggravated sexual battery charges.
It was unintentional.
To be convicted of aggravated sexual battery the state must prove that penetration was intentional. If your lawyers can provide any evidence that penetration was an accident or not intentional then the aggravated sexual battery charges might be dismissed or dropped.
You had consent.
You cannot be convicted of sexual battery if you had the "victim's" consent. The defense is to provide proof the accuser did provide consent or agreed to the behavior. Providing proof of consent could lead to the sexual battery charges being dropped or dismissed.
Lack of evidence / alibi.
If you have been accused of sexual battery but can provide an alibi to your whereabouts during the time of the alleged crime, proof could possibly lead to charges being dismissed. Kansas must prove beyond a reasonable doubt that the accused committed the crimes.
Our Kansas aggravated sexual battery attorneys investigate every area of your case, especially whether there is enough proof for you to be charged or convicted. If the State does not have enough evidence or the evidence was not lawfully obtained, charges might be dropped or dismissed.
Statute Of Limitations For Sexual Battery & Aggravated Sexual Battery
Statute of limitations for sexual battery, criminal charges must be filed within five (5) years after the alleged crime is committed.
Statute of limitations for aggravated sexual battery when the victim is eighteen (18) years of age or older, charges must be filed within ten (10) years of the occurrence of the violation, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
When the victim is a minor, less than eighteen (18) years of age, charges must be filed within ten (10) years of the date the victim turns eighteen (18) years of age, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.
Contact Kansas City Criminal Defense Attorneys
Kansas City criminal defense attorneys SRC Law Group specialize in sexual battery crimes and civil lawsuits. We will vigorously defend your legal rights and advocate on your behalf to have your case dismissed or the charges against you reduced. You have rights and defenses available to you so call us at (913) 948-9311, and we can discuss your situation. We invite you to schedule a discreet, free initial consultation to discuss your particular case.
LEARN ABOUT YOUR LEGAL OPTIONS
TAKE THE NEXT STEP AND REQUEST YOUR FREE CONSULTATION WITH A KANSAS CITY CRIMINAL DEFENSE ATTORNEY.
LEARN ABOUT YOUR LEGAL OPTIONS
TAKE THE NEXT STEP AND REQUEST YOUR FREE CONSULTATION WITH A KANSAS CITY CRIMINAL DEFENSE ATTORNEY.
