Wichita Sex Crime Defense Attorneys

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Fighting allegations of sex crimes charges can be difficult, even when the accusations are false. These cases often turn on one person’s story against another’s, with little hard evidence available to prove what actually happened. Law enforcement officers tend to focus their investigations on building a case against an accused, rather than examining the possibility that the allegations may be distorted, exaggerated, mistaken, or manufactured. To safeguard your freedom and reputation, you need a criminal defense lawyer who has experience with sex crime investigations and prosecutions. Joseph, Hollander & Craft’s Wichita sex crimes defense attorneys have the experience and skill you need to present the best defense.

Why You Should Hire a Wichita Sex Crimes Defense Attorney

If you are accused of a sex crime, police will try to interview you. They may tell you it is your opportunity to “tell your side of the story,” but the goal of that interview is not to clear your name. Police want to obtain a statement to be used against you in a future prosecution. To protect your rights and interests at this initial stage of the investigation, reach out to an attorney before you are contacted by law enforcement if possible. If an attempted interview is the first you’re hearing of an allegation, get the officer’s contact information and call an attorney.

When you hire Joseph, Hollander & Craft’s Wichita sex crime defense attorneys during the investigation stage, we interface with law enforcement on your behalf. We advise you regarding the scope and severity of the charges that may follow and help you decide whether and when to speak to law enforcement. Whenever possible, we endeavor to help you prevent the allegations from turning into formal criminal charges.

How Our Sex Crime Defense Attorneys in Wichita Can Help

Hiring counsel early is also important to building your defense. Joseph, Hollander & Craft’s Wichita sex crime defense attorneys can help you quickly locate and preserve exculpatory evidence, initiate an independent investigation, and identify gaps in the case against you that would be helpful for your defense. Our skilled investigators ensure that the evidence of our clients’ innocence is not lost so we can demonstrate to law enforcement, prosecutors, the court, or even the public, that there was no crime. Our Wichita sex crime lawyers will take prompt, decisive action to defend your rights, your reputation, your freedom, and your dignity.

In the event you are charged with a sex crime, Joseph, Hollander & Craft’s lawyers in Wichita do much more than react to the evidence offered by the prosecution. We work with private investigators and online research databases to evaluate the evidence against you, find evidence in your favor, and identify gaps in the case resulting from law enforcement’s investigative errors or shortcomings. Our Wichita sex crime defense lawyers know that a complete defense includes addressing the direct claims against you as well as the truth that law enforcement might have ignored.

Accusations and Charges We Defend

Joseph, Hollander & Craft provides deliberate counsel tailored to each client’s specific needs. Our sex crime defense attorneys in Wichita represent clients facing accusations of or charges for the full range of sexual offenses:

• rape
• statutory rape
• unlawful sexual relations
• “Jessica’s Law” cases, including aggravated indecent liberties and aggravated criminal sodomy
• child molestation
• sexual assault
• sexual abuse
• sexual battery
• sexual exploitation

There are dozens of “sex crimes” that can be charged, and we have experience defending all of them. That includes non-contact offenses, such as indecent solicitation, lewd and lascivious behavior, sexual exploitation, and electronic solicitation. We also defend charges for child pornography possession, receipt, distribution, or production. Our Wichita sex crime defense attorneys handle everything from federal sex trafficking to offender registration violations.

Ready for Anything in Your Sex Crime Case

Our significant experience defending sex crime cases makes us ready for anything. Whether you have been wrongly accused and need help clearing your name; you are seeking an agreed resolution that reasonably accounts for the facts of your case; or are most concerned about obtaining just sentence, Joseph, Hollander & Craft’s Wichita sex crime defense lawyers know how to handle it.

Our Wichita sex criminal defense lawyers represent men, women, and juveniles facing charges for sex crimes across the state of Kansas in both state and federal court. We will vigorously defend your case—on the facts and the law.

Frequently Asked Questions About Sex Crime Defense in Kansas

What does lack of consent mean under Kansas sex offense laws?

Lack of consent or inability to consent is critical to many Kansas sex offenses. When consent is mentioned in a statute, it often refers to one person’s express lack of consent, either through words or actions. However, Kansas laws also prohibit sexual contact with a person who cannot legally consent due to a mental or developmental disability, intoxication, or age. In Kansas, the age of consent is 16, so no person under the age of 16 can legally consent to sexual contact.

How can I be charged with rape when we did not have sex?

The Kansas rape law is codified at K.S.A. 21-5503. It defines the following conduct as rape:

1. Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
   1. When the victim is overcome by force or fear; or
   2. when the victim is unconscious or physically powerless;
2. Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
3. sexual intercourse with a child who is under 14 years of age;
4. sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
5. sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender’s authority.

The answer to why you can be charged with rape when you did not “have sex” is that the legal definition of “sexual intercourse” includes more than coitus. Under Kansas law (K.S.A. 21-5501(a)), “sexual intercourse” means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse. “Sexual intercourse” does not include penetration of the female sex organ by a finger or object in the course of the performance of:

1. Generally recognized healthcare practices; or
2. a body cavity search conducted in accordance with K.S.A. 22-2520 through 22-2524, and amendments thereto.

Can sex crime convictions be expunged?

The Kansas expungement statute prohibits expungement of several enumerated sex crimes and any crime for which an offender must actively register as a sex offender. Sex crimes the Kansas expungement statute does not lists as categorically ineligible for expungement include:

• sexual extortion
• unlawful sexual relations
• unlawful voluntary sexual relations
• adultery
• lewd and lascivious behavior

Can my child in high school be arrested for “sexting”?

Sexting may involve exchanges that fall within the scope of Kansas sex crime laws.

For example, the electronic solicitation statute (K.S.A. 21-5509) prohibits electronic communications soliciting someone under the age of 16 to commit or submit to an “unlawful sexual act.” Because no one under the age of 16 can give valid legal consent to a sexual act, any electronic request to engage in sexual contact with such a person is prohibited by the statute. The statute does not contain an exemption for when the requesting party is also a teen.

In addition, the sexual exploitation statute (K.S.A. 21-5510) prohibits activities involving sexual images on of anyone under age 18–even if the person depicted is legally capable of consenting to sexual contact and even if the person depicted is a voluntary participate.

Will I be charged with a sex crime if the alleged victim won’t press charges?

While prosecutors prefer to have cooperation from an alleged victim, it is not required. A prosecutor may choose to pursue any case regardless of whether the alleged victim wants charges to be brought or dropped. If you have been reported for a sex crime, it is important to consult with an attorney who can protect your rights and your interests.

Does Kansas have “Romeo & Juliet” laws?

“Romeo & Juliet” laws are intended to prevent teens from facing harsh penalties when they have voluntary sexual relationships with someone close to the legal age of consent but too young to give legally valid consent. (Think: a senior and freshman in high school who participate in a voluntary sexual encounter.)

The Kansas “Romeo & Juliet” law is defined at K.S.A. 21-5507 and called “unlawful voluntary sexual relations.” It sets out reduced penalties for voluntary sexual intercourse, voluntary sodomy, and voluntary lewd fondling and touching when:

• the offender is less than 19 years of age;
• the offender is less than four years of age older than the child who has not reached the age of sexual consent; and
• the child and the offender are the only parties involved.

Can I avoid going to jail if I’m convicted of a sex crime?

Some sex crimes, like those involving involuntary sexual contact between an adult and a child, carry lengthy mandatory prison sentences. A federal conviction for a child pornography offense will almost certainly result in a prison sentence.

But sex crimes that are lesser in severity will not necessarily result in incarceration. Simple sexual battery, for example, is a misdemeanor offense, and probation is a fairly common sentence. Even mid-level state felony sex crimes can result in probation sentences if your criminal defense team presents adequate departure factors to convince the judge an incarceration sentence is not needed.

It is important to discuss with your attorney what sentences are possible and what sentences are likely. If your goal is probation, hire a Wichita sex crime attorney with the experience and knowledge to make compelling sentencing arguments.

Do You Have a Sex Crime Defense Attorney Near Me?

Joseph, Hollander & Craft is located at 500 N. Market Street in Wichita, on the corner of Market and Central Ave. We have plenty on onsite parking for your convenience. We also maintain additional offices in Overland Park, Topeka, Lawrence, and Kansas City, MO.