Sexual Battery & Aggravated Sexual Battery
Overland Park Sexual Battery Attorneys for When Your Reputation Is at Stake
In Kansas, sexual battery — and aggravated sexual battery — are serious criminal offenses that can lead to years of imprisonment, fines, and mandatory registration as a sex offender. As with all sex crimes, State prosecutors are particularly aggressive about pursuing justice in sexual battery cases. This can lead to a situation in which the defendant feels overwhelmed and “beset by enemies” on all sides.
Here at the Merrill Firm, our skilled Overland Park sexual battery attorneys understand the difficulties that Kansas criminal defendants face in the wake of a sexual battery or aggravated sexual battery accusation. We have substantial experience handling such disputes and know how to successfully navigate the negotiation process and — if necessary — trial litigation.
Let’s take a closer look at the offense of sexual battery.
Understanding the Kansas Laws Regarding Sexual Battery
Section 21-5505 of the Kansas Code describes the offense of sexual battery.
Stated simply, sexual battery is the:
- Non-consented touching of a victim who is 16 years of age or older (and is not the spouse of the defendant),
- With the intent to arouse or satisfy the sexual desires of the offender or another.
For example, if you touched the victim on their buttocks (without their permission) with the intent to satisfy your own sexual desire, then you could be found guilty of sexual battery.
Now, aggravated sexual battery is a more severe, enhanced sexual battery offense. It involves the same basic elements as sexual battery, except that the defendant must have engaged in such behavior when the victim was:
- Overcome by force or fear;
- Unconscious or physically powerless; or
- Incapable of giving consent due to mental deficiency, disease, or intoxication that was reasonably apparent or known to the defendant.
Sexual battery is a class A person misdemeanor, punishable by up to a year imprisonment and fines of up to $2,500. Probation may also be imposed (up to two years).
Aggravated sexual battery, by contrast, is a severity level 5, person felony that — according to the sentencing grid guidelines in Kansas — is punishable by up to 55 months imprisonment, fines, and probation of up to three years. These are not small punishments, thus, it’s best to consult with an attorney who is experienced in sexual battery cases.
Presenting the Best Defense Against Sexual Battery
Criminal liability cannot attach for sexual battery unless the defendant had the intent to arouse or satisfy the sexual desires of themselves, their victim, or some other individual. If you’ve been charged with sexual battery (or aggravated sexual battery), you can avoid criminal liability entirely by proving that you had no intent to arouse or satisfy sexual desires.
For example, suppose that you are playing baseball at the park with a mixed group of friends and strangers. The game is quite heated, and in your excitement, you slap the buttocks of a team-member who makes a winning play. They are extremely upset and report you to law enforcement authorities for sexual battery. You would likely be able to avoid criminal liability if you could show that given the circumstances (i.e., baseball game, where such activity is seen as congratulatory and non-sexual) you had no demonstrated intent to arouse or satisfy sexual desires.
Sexual Battery and Aggravated Sexual Battery in Kansas: Charges, Consequences & Fines
Sexual battery and aggravated sexual battery are both criminal offenses. Even before the filing of a case, mere allegations can ruin a person’s reputation, relationships, and career. Once a conviction is made, it can change the accused’s future for the rest of their life.
Sexual battery in Kansas is typically a Class A person misdemeanor. This includes the willful and non-consensual touching of another person for the purpose of sexual arousal or gratification. Despite being classified as a misdemeanor, the potential penalties for sexual battery can still be significant. Upon conviction, a person may face up to one year in a county jail, high fines, probation, and required counseling or treatment. Courts may also impose stringent conditions on a person’s probation, including limits on contact with others and regular compliance checks.
Sexual battery convictions may also require a person to register as a sex offender. Registration can have additional long-term consequences, including reporting and housing restrictions, as well as ongoing limits on employment and travel. Because the requirements are so serious and affect nearly every aspect of a person’s life, registration can last for many years longer than a jail sentence.
Aggravated Sexual Battery
In Kansas, a sexual battery charge can be elevated to aggravated sexual battery, which is always a felony charge. This is typically done in situations where the victim was physically helpless, unconscious, overpowered by the force of the actor or another, by fear, or legally unable to give consent. As a felony, the potential penalties for aggravated sexual battery are also higher.
Convictions for aggravated sexual battery can lead to state prison time, higher fines, longer probation or post-release supervision terms, and long-term sex offender registration. The conviction can also result in loss of professional licenses, employment, housing, and other collateral consequences that impact nearly every aspect of life. Because of the potential penalties, it is vital that a person accused of aggravated sexual battery have legal representation as early in the case as possible.
Common Defenses in Aggravated Sexual Battery Cases
The State must prove every element of the offense beyond a reasonable doubt, and several types of defenses can be raised depending on the facts of a particular case.
If the touching was accidental, misinterpreted, or made in a different context, the element of intent may not be satisfied. If the touching was not intentional, or it was not made for sexual gratification, the legal definition of sexual battery is not met.
Consent is also a factor that may be central to a defense. Although there are certain situations in which a person is legally unable to consent, the State must still prove a lack of consent or that the consent was legally invalid. The defense can use evidence such as the relationship between the people involved, any statements or communications between them, witness testimony, and other circumstances that raise questions about the allegations.
Insufficient evidence may also serve as an affirmative defense for aggravated sexual battery. Unlike other types of criminal cases, many sexual battery and sexual assault charges do not have any physical evidence beyond the word of the people involved. If the accounts of the involved parties are inconsistent, lack credibility, or lack corroboration, it may be possible to challenge the allegations.
Identity can also be raised as a defense, especially if the alleged victim did not see the accused clearly, if the accused was in a crowd, or if the report was delayed. If the State has no clear evidence of who committed the offense, the defense can raise any uncertainty about the accused’s identity.
In some instances, a false allegation or exaggeration of a claim may serve as a defense. Constitutional violations may also provide a defense to aggravated sexual battery if the prosecution obtained evidence or statements in violation of a person’s rights, such as through unlawful police questioning or searches.
Consult Our Experienced Overland Park Sexual Battery Attorneys to Fight for Your Rights
I’m Jerry Merrill, an attorney with significant experience handling criminal disputes — not only in my current role as a criminal defense attorney in Johnson County, but also as a prosecutor for the State. These experiences have given me substantial insight into the tactics typically employed by prosecutors to impose fear and doubt on the defendant, and how to effectively represent a client who is being “pressed” from all directions in criminal litigation.
It’s important that you have an aggressive defense attorney in your corner at every stage of the criminal litigation process, from accusation to arrest, negotiations, and trial. Sex offenses in particular can be incredibly damaging for the defendant. Oftentimes, the accused is subjected to social, psychological, and even financial harm as a result of their case. In the event of conviction, the defendant may find that they are not only exposed to a significant term of imprisonment but are also forced to register as a sex offender and may not be able to secure consistent employment in the field of their choosing.
Given the fundamentally high-stakes nature of criminal litigation — and in particular, sex crime disputes — we encourage those who have been accused, arrested, or charged to contact us for comprehensive assistance. Call 913-381-2085 or submit a claim evaluation form to schedule a free and confidential consultation with one of our experienced sexual battery lawyers today.