However, this does not necessarily make sex with someone this age .
The only thing this means is that consensual sexual contact or intercourse with someone in this age range cannot be charged as statutory rape.
For those aged 16 to 18, however, they are legally allowed to give consent to sexual activity.According to Kansas criminal law, the age of consent is 16 years old.That means anyone aged 15 and below cannot give legally-recognized consent to sexual activity, and any charges levied due to sexual conduct with someone 15 and below will be considered “statutory rape.” This crime carries much heavier penalties, as it is automatically considered a level 3 felony.“School counselors, social service workers, medical staff — if they’re aware of it, they have to report it.”And detectives have to investigate.Proof comes in the form of pregnancies, medical issues and digital communications that go public.“Most of the time we question them and they admit it, but they think, ‘we’re both under 18, it’s consensual, how can we get in trouble for this? Often parents are under the same, misinformed impression.“The parents (of the younger teen) will be OK with it and think, ‘ah, he’s a nice guy’, and we’re not saying he isn’t nice,” said Glander, “but it doesn’t matter — it’s their age and activity that’s the problem.”Once the investigation is complete, the case is sent over to the county attorney’s office for review. Consequences Assistant Becker County Attorney Kevin Miller says when cases like this come across his desk, his decision to prosecute is typically already determined by the statute.“If there’s a crime broken there, you have to end up quite frequently charging it out,” said Miller, who does say every case is different, and therefore which punishments are sought can vary.If the person being charged is an adult, they may be harsher.If they are 17 or younger, he says there is a little more leeway for the court and the prosecutor to try to resolve the matter without it being something that sticks on the teen’s record forever — something like having to register as a predatory offender.This also means that a 16 year old could face statutory rape charges for having intercourse with a 15 year old significant other.The charges could even be upgraded to level 1 felony if they have sex with a 14 year old.If you find you are facing charges of statutory rape, aggravated indecent liberties with a child, or any other sex crime in which a minor was involved, regardless of whether you are an adult or teenager, you should retain a Kansas City sex crimes lawyer as soon as possible for help navigating the complicated criminal justice system.Rokusek Stein Law, LLC has more than 30 years of combined legal experience they can put to work protecting you and your rights from the harshness of the criminal justice system.