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What Are The Penalties For A Date Rape Charge Conviction?

If someone is convicted of date rape under Kansas law, they could receive a sentence of 147 to 165 months in prison – even if they have never been in trouble with the law before. That’s a 12 to 14-year sentence in prison with lifetime sex offender registration for someone who has no criminal history. This is a ‘presumptive prison’ sentence, meaning the defendant will not get probation if convicted. The sentence is longer for persons with prior felony convictions. If sexual activities occurred that fall short of complete intercourse, the charge may be aggravated sexual battery or aggravated criminal sodomy that could be a severity level three charge, which carries a sentence of 55 to 61 months in prison. Both of those charges would require lifetime registration on the sex offender registry, so they are very serious charges.

Will I Have To Register As A Sex Offender In Case Of A Conviction?

If you are convicted of a felony sex offense in Kansas, you will need to register as a sex offender. The length of registration depends on several factors, some of which we can control if we are negotiating for an outcome with the prosecutor. We can sometimes enter a plea to an amended or reduced charge that would give the court some discretion over the term of sex offender registry. If someone is convicted of the charge of rape, that person would face lifetime sex offender registry.

What Is Your Approach As A Defense Attorney To Handling Date Rape Charges?

As a defense attorney, patience and exhaustive research are important in handling date rape charges. You need to research far beyond the information that the prosecutor is willing to provide. You have to issue business record subpoenas, collect evidence from the complaining party’s online profiles, and you need to have extensive command or understanding of the medical evidence that’s likely to be presented. If identity and DNA is at issue in the case, you need to understand that evidence or consult with experts who do. In acquaintance rape case, I have to consider what would cause the individual to claim rape if it did not actually occur. I have to consider whether or not there was a falling out or some sort of friction in the relationship, or if the complaining party was motivated to mischaracterize a voluntary sexual relationship with my client to persons like a boyfriend or to parents.

If the relationship formed exclusively online and the parties never met before, then I would need to rely on a very well-prepared cross-examination of the complaining party at the preliminary hearing. Unfortunately, Kansas does not allow for the taking of evidentiary depositions in criminal cases, so the only opportunity I have to question the victim would be at a preliminary hearing. These opportunities should not be waived. There must be a thorough cross-examination of the complaining victim drafted word for word in order to get all of the information from that victim. These are very specialized, very time-consuming, very painstaking cases to handle the right way.

Why Is It Necessary To Hire An Attorney Who Is Experienced In Handling Date Rape Charges?

Since these are such specialized cases, there will be extensive, highly specialized evidence pertaining to mobile devices and social accounts. As a result, you may need to consult with a computer forensics expert in order to determine where the communications originated. You will need to understand what the sexual assault examination nurse is looking for during the sex assault examination or the rape kit. You need to know which physiological factors are consistent or inconsistent with forced versus consensual sexual activity. You need to understand how DNA evidence works, how correlations of identity are derived from DNA evidence, and you need to have command of the cross-examination of a victim who is oftentimes extremely emotional and very sympathetic to jurors. These are skills and knowledge sets that not every attorney possesses. Passing the bar exam does not guarantee expertise in a highly specialized case involving acquaintance or online date rape.

Can You Give Examples Of Some Recent Cases Involving Online Date Rape That You Have Handled?

I am aware of situations where young people in their early 20s return from college for summer break and have parties with all of their friends from high school. Oftentimes, alcohol is consumed at these sorts of gatherings, and people who had an eye for each other in high school end up getting together. The next thing you know, a gentleman receives a call from the police asking to be interviewed about a complaint from one of the persons who attended the party.

I also had a case in which my client was asked to meet up for a cup of coffee with someone who they met on a dating website. They hit it off very well, and the young lady was extremely flirtatious. They went back to my client’s apartment and engaged in what my client experienced to by completely consensual sexual activity. They even talked about going out again later in the week for dinner. The very next day, my client was contacted by the police because the person they met claimed that she had been raped.

There are also cases that involve folks who meet people online while on business trips. They meet for a drink, and one thing leads to another. Then, they would be contacted by the police before trying to return home. So, it seems as though this new trend reaches all social strata, all ages and all social groups. It is very serious and the outcome can be devastating.

Additional Information Regarding Date Rape Charges In Kansas

I think the best advice someone can give with regard to online dating is to think about the way your parents raised you when they said, “No sex until after you know someone, if not after marriage.” That might be a little extreme, but I tell my clients it’s just never a good idea to be sexually active with someone too early in the relationship. That advice is not based on any sense of morality or any sense of religious propriety; it is based on the fact that you need to spend some time with someone to know with confidence whether or not that person is likely to make a false allegation of date rape or acquaintance rape. Sometimes slowing down in the dating arena is the best thing you can do to protect your future.

For more information on Penalties For Date Rape Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 322-3265 today.

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