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In Kansas, any person under the age of 16 is viewed by the law as incapable of consenting to sexual activity. Engaging in sex acts of any kind with a child who is 15 years old or younger is a serious felony crime known as statutory rape – even if the other person is also a teenager. If you or your child is a victim of statutory rape, you have legal rights. Explore them by contacting a knowledgeable and compassionate statutory rape victim lawyer at DRZ Law.
In Kansas, the definition of statutory rape is consensual sexual intercourse involving an individual under the age of 16 – the “age of consent.” It is a crime even if the sexual activity was voluntary for both parties since a person under 16 cannot lawfully give his or her consent to sexual activity. Kansas does not have a close-in-age exemption, also known as a Romeo and Juliet Law. Even if both parties are teenagers or in high school, statutory rape is a crime.
Statutory rape and age of consent laws exist to protect children who do not have the mental capacity to agree to sexual activity. They are meant to protect children from engaging in sexual acts that could have physical and emotional ramifications while they are too young to fully understand the consequences. These laws are also in place to protect children from being taken advantage of by older adolescents and adults.
If someone broke Kansas’s statutory rape law and victimized you or your child, you have multiple legal options. You can cooperate with the police and press criminal charges against the perpetrator, potentially leading to a statutory rape conviction and penalties such as jail time. You can also file a civil lawsuit against the assailant in pursuit of financial compensation for related injuries and losses. Finally, you may be able to bring a claim against an institution, such as a school, summer camp or church, for allowing the statutory rape to take place.
Bringing a lawsuit against an institution for statutory rape can result in greater financial compensation awarded to the victim and his or her family, as an institution generally has greater insurance coverage than an individual perpetrator. Even more important, however, are the systemic changes that can be motivated by a lawsuit against an institution. A lawsuit against a high school for failing to supervise students on a field trip, for example, could force the school to be more protective of its younger students in the future.
You may have grounds to bring a lawsuit against an institution for statutory rape on one of two grounds: liability or vicarious liability. An institution may be found liable (financially responsible) for statutory rape if it contributed to the crime of its own volition, such as by failing to keep children in its care safe and free from harm. You may be able to base a claim on vicarious liability, on the other hand, if one of the institution’s employees contributed to the crime, such as a teacher who failed to supervise students.
Bringing a civil lawsuit for statutory rape is your right as a survivor. In Kansas, suing an individual for committing this terrible crime against you or an institution for failing to protect vulnerable children could result in financial compensation, or damages, for several of your related losses. Financial compensation can help you recoup the costs of necessary medical care, therapy, lost wages and more. Securing a settlement or jury verdict can hold someone responsible and help you move forward.
The types of damages that can be recovered with a civil lawsuit for statutory rape in Kansas include:
At DRZ Law, we know that a monetary award is not the main reason why victims come forward and tell their stories. We are with you in the fight for justice, closure and accountability. However, we also recognize the very real benefits that come with making a financial recovery. Our lawyers will fight to secure the best possible case results so that you can move forward with more financial stability.
It can be difficult to know what to do and where to turn for help after being sexually assaulted or raped. As a survivor, taking the following steps can help you protect your rights, stay safe and move forward:
Next, contact a sexual assault and abuse attorney in Kansas for legal advice. An attorney can explain your rights and help you with the next phase of moving forward: pursuing justice against one or more defendants.
A lawyer with experience filing statutory rape lawsuits in Kansas will know exactly how state laws work and how to navigate them on your behalf. You can trust your lawyer to investigate the sex crime, identify all liable parties, preserve and collect evidence to support your liability claim, protect your rights and identity throughout the legal process, and take a stand for you in and out of court. Your lawyer will have connections to experts who can improve the strength of your case and personnel who will be dedicated to your success every step of the way.
A lawyer at DRZ Law is experienced in statutory rape victim cases, which can make it easier for a family to file a civil lawsuit for statutory rape in Kansas. We have over 20 years of experience representing clients in these types of cases. We know what it takes to go up against a powerful adversary and win while protecting the safety, anonymity and well-being of a victim. We are passionate about what we do and understand the emotional trauma a statutory rape survivor experiences. We put our clients first in everything that we do.
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