Incest is illegal in all 50 states, including Kansas. The reason behind laws that prohibit incest is that sexual relations between two people who are too closely genetically related to each other can result in birth defects and genetic disorders. In Kansas, incest is considered a criminal offense that is punishable with fines and imprisonment. If you or a loved one is a victim of incest, you may also be able to hold the offender civilly liable for your damages.
Definition of Incest
Incest is sexual relations or intercourse between people who are classified as too closely genetically related to marry one another. It can refer to having sexual intercourse with a sibling, child, parent or grandchild. Any sexual activity between two family members or close relatives can meet the legal definition of incest. Two people who are in consanguinity, meaning blood-related, legally cannot have sexual relations. In some cases, incest can also refer to two people related by marriage, stepfamily, adoption or lineage.
Is Incest a Crime in Kansas?
Yes, incest is a crime in Kansas under Kansas Statutes Section 21-5604. This law defines incest as marriage to or engaging in otherwise lawful sexual intercourse or sodomy under K.S.A. 21-5501 with a person who is 18 or older and who is known to the offender to be related to the offender as any of the following biological relatives:
- Parent
- Child
- Grandparent of any degree
- Grandchild of any degree
- Brother
- Sister
- Half-brother
- Half-sister
- Uncle
- Aunt
- Nephew
- Niece
Kansas also has a crime known as aggravated incest. This refers to getting married or engaging in certain sexual acts with a person who is under 18 years of age and who is known by the offender to be related to the offender by biology, stepfamily or adoption. The prohibited acts listed in this statute are sexual intercourse, sodomy and lewd fondling (defined in K.S.A. 21-5506).
What Are the Penalties for Incest in Kansas?
For each crime that is not a drug-related offense, Kansas law specifies a severity level of 1 to 10, with 1 being the most serious. It also designates whether it is a person or non-person offense depending on whether a person is a victim of the alleged crime. Any person who engages in acts that constitute incest under the state’s definition is guilty of a severity level 10, person felony. This level of crime can result in 5 to 13 months in jail, as well as fines, probation, community service and other penalties.
Aggravated incest is a severity level 5, person felony in Kansas, except when the victim is the offender’s biological, step or adoptive child, in which case it is a level 3, person felony. The penalties for a level 5 felony can include approximately 2.5 to 10.5 years in jail, while a level 3 can come with a sentence of approximately 4.5 to 20.5 years. Marriage or lewd fondling involving a relative under the age of 18 is a severity level 7, person felony in Kansas, punishable with approximately one to three years in jail.
What Are the Rights of a Victim of Incest in Kansas?
A victim of the crime of incest in Kansas has the right to pursue damages, or financial compensation, from the offender in the form of a civil sexual assault, abuse or rape lawsuit. The burden of proof in a civil claim is a preponderance of the evidence, which is less than the burden of proof beyond a reasonable doubt in a criminal incest case. To qualify for financial compensation from an offender, the victim or victim’s attorney must establish proof that the defendant caused the victim’s harm or injuries by committing incest with at least a 51 percent certainty.
For more information about filing a claim for incest in Kansas, contact DRZ Law for a free and confidential case review with a sexual abuse attorney.