If you are arrested for a sex crime in Kansas, you could face serious consequences. It is important that you work with an experienced criminal defense law firm that can fight for your rights.
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...
Understanding the process of being charged for a sex crime in Kansas
1. It is important to have an experienced sex crime defense lawyer, one who understands the investigation
process and has a long-term relationship with local law enforcement, who will work with you throughout the
police investigation.
Before Charges are Brought
A common misunderstanding by people accused of
sex crimes in Kansas is that police charge them for
the crime. While police can investigate, arrest and
order you to appear in court, it is only a prosecutor,
who is held to much higher standards when making a
decision, who may charge you. But even after the
police investigation reports reach the prosecutor’s
desk, there is a lot that must be done to determine the different considerations before charges can be
brought. There are three key questions a prosecutor will ask at this stage:
Was a crime committed? There are many false reports of sex crimes, and that is one of the biggest keys
to helping clients. For instance, a case of workplace sexual harassment can be (wrongly) elevated to a
statutory sex crime. A prosecutor will be able to examine reports and find compelling evidence that a sex
crime did occur.
Is there a suspect? If there is a lack of physical evidence, witnesses, and/or victim testimony, then the
prosecutor may determine that there is not a clear suspect. This can happen if a victim passes out at a party
and wakes up to realize that a sexual act occurred. However, if police cannot tie someone to the act, then
they will not be able to proceed with confidence.
Can it be proven beyond a reasonable doubt? A prosecutor needs to show that there is probable cause
in order to file a case, and also demonstrate that there is proof beyond a reasonable doubt in order to
convict the person. This is a much higher legal standard.
In most cases, a prosecutor will only file charges in a sex case if all of the questions above can be
answered in the affirmative.
LEGAL ISSUES IN A SEX CRIME CASE
Kansas statutes have very specific definitions regarding sex crime law. If there is an investigation ongoing,
or if formal charges have been filed, then the accused will need legal representation to consider these
conditions:
2. Age: The ages of everyone involved in the incident at the time of the event are essential. Jessica’s Law
prescribes very harsh, mandatory punishment of anyone 18 or over who is convicted of a sex crime
involving someone 14 or under in Kansas.
Mental Health: Mental health of the accuser and accused will be examined and entered into evidence if the
judge believes it is relevant.
Consent: The lack of criminal intent by the suspect in the case can significantly mitigate the charges and
outcomes, like proving there was consensual engagement.
Proof: If there is no DNA evidence, witness testimonies may determine the case. It is vital that a sex crime
defense attorney know the procedural laws in regards to allowed testimonies, especially in a case that
involves children. And even if DNA is entered, procedural rules and protocols must be strictly followed by
law enforcement.
An Experienced Criminal Defense Law Firm
If you have been accused of or arrested for a sex crime in Kansas, you will need the best possible criminal
defense team to protect you throughout the investigation and case. Norton Hare has the reputation that you
need to successfully represent you in municipal, district, and federal courts.
Their attorneys know all of the appropriate laws and have been able to handle major criminal cases,
developed a reputation for successfully litigating homicide and sex crimes in particular.
For More Information Please Visit:
http://nortonhare.com/sex-crimes/