What is Kansas’ Consent Age?
In Kansas, the age of consent is 16. What does that mean, though? It means that for persons who are 16 years of age or older, and who are not in a position of special trust with respect to the other party, consent to sexual activity is assumed to exist so long as the parties have freely and legitimately consented to the sexual act. For example, it is legal in Kansas for a 16-year-old to have sex with another person so long as the other person does not have some sort of authority over the 16-year-old, for example, as coach, teacher, doctor, etc. (again, these roles are considered one of a special nature – therefore making it illegal for an adult person in one of these positions to have sex with a person under their authority) .
In Kansas, it is not illegal or unlawful for two consenting adults to engage in sexual intercourse so long as the parties are at least 16 years of age; neither person is in a position of special trust with respect to the other party; and consent has been freely given by both parties. Kansas law does not discriminate on the basis of gender; it is just as legal for two people of the same sex to engage in sex as it is for a man or woman to have sex with a partner of the opposite sex. In Kansas, it is also legal for minors over the age of consent to have sex with minors who are under the age of consent (ie, a 16-year-old may legally have sex with a 14-year-old, but a 20-year-old may not).
History of the Law of Consent
In the early years of statehood, Kansas followed the common law rule, the traditional England was 10, but only in cases of sexual purposes, not necessarily with any relationship to the age of the person. In 1862 the first statute was passed establishing an age of consent which was separate and distinct in the two categories of incest and sexual intercourse. The minimum age of consent for incest was fixed at 14 for females and 16 for males and for all other sex crimes at 12 for females and 14 for males.
Those age minimums were debated and changed many times after that to reflect social attitudes of the time. A 1865 law applied the rule to males or females with a three year increase. Under that specific law, Kansas became the first state in the United States to establish a law covering any female, no matter her age, the age of consent was 12.
In 1894 the general law applied to rape by a female upon a male. In 1919 it was changed back to a male being the perpetrator as a crime of carnal knowledge. Between 1913 and 1923, the general rule was that parties to the act were both male and female. It was not until 1994 that the current law was passed.
Legal Consequences to Disregarding the Age of Consent
The legal repercussions of violating Kansas’ age of consent can be steep. Under K.S.A. 21-5507, some examples of sexual offenses against a child include:
Sexual Battery: This is defined as "touching in a lewd manner, either directly or indirectly, through the use of any object or part of the body, any part of the body of another person, not amounting to sexual intercourse, when the touching can reasonably be construed as being for the purpose of sexual arousal or gratification."
Criminal Sodomy: This is defined as "engaging in deviant sexual conduct with a person, or causing a person to engage in deviant sexual conduct." Deviant sexual conduct is defined as "any act or conduct that constitutes an indecent intrusion into the sex organ, anus or mouth of any person" or "the lewd fondling or touching of the sex organ, anus, breast or transvestite breast of any person."
Any of these actions done with a person under the aforementioned age of consent could be charged as a Class A misdemeanor, a more serious Class B felony or a less serious Class C misdemeanor.
Although this may sound relatively cut and dry, there are a few nuances in the law that can be confusing and may affect your specific case. For example, if two minors who are at least 14 years old engage in intercourse but neither was 17 years old when the intercourse occurs, then it falls under the "consent defense." If the older partner is charged, though, the consent defense will only apply if they can prove that they did not have knowledge of the victim’s age.
And while there are no exceptions to the crime of sexual battery with a minor, the law does contain an exception for sexual sodomy if the offender is married to the victim. The victim must be at least 14 years old and have willingly engaged in the sexual conduct.
Age of Consent Exceptions and Special Cases
Exceptions and special circumstances can apply to the typical age of consent situation in Kansas. For example, in cases where both partners are too closely aged to fall under the same standard statutory rape laws, the law allows a close-in-age exemption, commonly referred to as the "Romeo and Juliet law" to apply. In Kansas, this law allows for consensual relations between partners who are both aged 14-16, so long as neither partner is more than four years older than the other partner.
Because of this, two partners who are 16 years and 4 months of age and 20 years and 4 months of age respectively would not be penalized under Kansas law for having consensual relations. There are other exceptions that apply to people of different ages. For example, consensual relations that occur between two individuals aged 18 or older are not subject to prosecution under Kansas sexual violence laws so long as no harm came to minors as a result of the relationship in any way. Those found guilty of penetration with the use of a forceable weapon can be penalized by a federal sentencing statute, with a maximum of life in prison.
Parental Consent and Emancipation
Numerous factors can affect the application of consent laws even in mature minors. For example, parental consent and the legal process of emancipation can alter the otherwise steady flow of legal capacities based on the age of majority. Kansas law outlines a procedure by which a minor can petition the court for emancipation from his or her parents or other custodians. Upon a finding that emancipation is in the best interests of the child, the court may grant emancipation and issue an emancipation order. While courts are to liberally construe emancipation statutes , the statute’s purpose is narrow—to provide only for the necessary affairs of the minor to be undertaken without parental consent. The Kansas statute does not remove the responsibilities of the parent. Accordingly, it impacts minors’ ability to consent to contracts only in a narrow scope. (K.S.A. 60-2401(b)). In addition to conferring the ability to enter into various contracts or collect benefits, an emancipation order authorizes a minor to marry a person at least 18 years’ old without parental consent. (K.S.A. 23-2501(a)).
Federal Influences on Kansas’ Consent Norm
Though the age of consent is a part of state law, it must also abide by federal laws, which can sometimes override state ordinances. The Mann Act is a federal law that was first passed in 1910. This law makes it illegal to transport anyone under the age of 18 across state lines with the intent of having sex or engaging in prostitution. Because the law does not specify the legal age of consent, it applies universally to minors. Although it is a federal law, even if applicable in only a few specific circumstances, it has the potential to impact state laws.
The Adam Walsh Child Protection and Safety Act also could potentially influence the Kansas age of consent laws. This act, also known as the Sex Offender Registration and Notification Act, is the legislation that is responsible for the sex offender registry, an important tool for law enforcement and citizens alike in protecting those at risk of experiencing sexual abuse. Under this act, any citizen registered in another state on the sex offender registry may not move to Kansas without informing the offenders’ jurisdiction agency of their move.
The Adam Walsh Act’s effect on state laws are indirect and do not have any bearing on state’s laws. However, though there are very few examples of out-of-state sex offenders being indicted with crimes in other states that might have conflicted with the relaxed acceptance of underage sexual activity of a different state, if an out-of-state offender is brought up on charges in Kansas, it is possible that their current state’s law would be considered in the trial.
Legal Help
The most appropriate avenue to seek further clarity on age of consent laws in Kansas would be to consult a licensed attorney or perhaps a legal aid organization. Legal Aid Society of Wichita, Inc . , provides pro bono ("for the public good") services for a range of issues. The United States Department of Justice also maintains an online database of resources, including a victim assistance helpline and referral sources for legal assistance.