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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you have a 14 yr old child and he has sex with a 15 year

Customer Question

If you have a 14 yr old child and he has sex with a 15 year old female. She says rape. If he is convicted what happends.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

What state is this in?

Customer: replied 6 years ago.

 

Kansas

Expert:  Roger replied 6 years ago.

The age of consent in Kansas is 16. K.S.A. 21-3503, 21-3504, 21-3505 and 21-3522 prohibit sexual activity with minors aged 14 and 15.

 

21-3504. Aggravated indecent liberties with a child. (a) Aggravated indecent liberties with a child is: (1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.

 

Kansas Statute 21-3502. Rape.

 

(a) Rape is:
(1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:
(A) When the victim is overcome by force or fear;
(B) when the victim is unconscious or physically powerless; or
(C) 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;
(2) sexual intercourse with a child who is under 14 years of age;
(3) 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
(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 legally required procedure within the scope of the offender's authority.
(b) It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense. (c) Rape as described in subsection (a)(1) or (2) is a severity level 1, person felony. Rape as described in subsection (a)(3) or (4) is a severity level 2, person felony.

Customer: replied 6 years ago.

ok, He was invited to her house. He was a virgin, she was not. She asked him if he would have sex with her. He said yes, He asked her if she would have sex with him . She said yes.

 

Afterwards she has stated it was rape. He has never been in trouble. If he ends up getting arrested and then say he for some unseen misfortune gets convicted.....what time is he looking at?

Expert:  Roger replied 6 years ago.

If she is 16 and he is 14, she CAN consent to have sex, but he cannot. If anything, she can be charged with raping him.

Customer: replied 6 years ago.
ok she is 15 not 16 so if this is the case what is the law? what can happen to him? and should he take a polygraph. The are suggesting it.
Expert:  Roger replied 6 years ago.

The charge would not be rape because they were both at least 14.

 

Thus, you'll have to see what the actual charge is before you can determine what his fate may be.

Customer: replied 6 years ago.

ok thank you very much for your information you provided. He hasn't been charged yet and it is just under investigation. So would you suggest for him to take the polygraph test? What would that help him other than to prove he is telling the truth. Can it hurt him if he is telling the truth.....what is your opinion on him taking it?

Expert:  Roger replied 6 years ago.

If the act was consentual, he really has nothing to hide and should consider taking the test. If he passes, that should help get him out of the mess.

 

However, I would recommend that he have an attorney present to make sure the test is performed correctly and to ensure that he's not taken advantage of, bullied into some type of admission, etc.

Customer: replied 6 years ago.
thanks for your information.....I have one more question.....ok according to my son she had changed her mind after they were both naked. He got redressed. she did not. Then she started to kiss and said she wanted to. Can this be still rape?
Expert:  Roger replied 6 years ago.

I don't think it is rape because the law above says rape only pertains to set with a child under age 14 - which is a 13 year old.

 

Because she is 15, this should not be rape.

Roger and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for all your answers to my questions. this helped.
Expert:  Roger replied 6 years ago.
Sure. Glad to help.