Sexual Battery & Aggravated Sexual Battery

Johnson County Sex Crime Attorneys

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 Johnson County sex crime 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 Sexual Battery Offense

Section 21-5505 of the Kansas Code describes the offense of sexual battery.

Stated simply, sexual battery is the:

  1. Non-consented touching of a victim who is 16 years of age or older (and is not the spouse of the defendant),
  2. 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:

  1. Overcome by force or fear;
  2. Unconscious or physically powerless; or
  3. 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.

The Intent to Arouse or Satisfy Sexual Desires

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.

Consult Our Experienced Johnson County Sex Crime Attorneys for Assistance

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 Johnson County sex crime lawyers today.

Contact Us

Merrill Law Firm

Firm Logo

7211 West 98th Terrace, Building 4, Suite 140
Overland Park, Kansas 66212

T. 913-381-2085 | F. 913-341-1130

View on Google Maps