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Definition of Consent in Kansas

Definition of Consent in Kansas

Consent is now one of the buzzwords of the American public. Every news source, every tabloid, and every celebrity blogger is more than familiar with the use of this term. Despite its relevance in modern media, many people are still unclear as to the exact definition of Kansas consent. Rokusek Stein Law has made this blog to help educate people who want to know the actual definition of consent.

Definition of Consent in Kansas

Interestingly, consent in Kansas is not a clearly defined legal term. However, we can deduce the legal definition of consent by examining the laws that deem an act as a sex crime.

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not attainable through misrepresentation of the sexual act as a medically or therapeutically necessary procedure;
  • Not attainable through misrepresentation of the sexual act as a legally required procedure within the scope of the offender’s authority;
  • Not viable if consent is withdrawn during the act.

In some states, silence to a proposition of a sexual act is not an admission of consent to that act. However, in Kansas, silence can be deemed as consent to a behavior given the silence does not stem from fear or force. 

Who Can Consent?

In Kansas, the age of consent is 16-years-old: therefore, if someone is younger than 16 years old, they cannot legally give consent to a sexual act. If a 16-year-old sleeps with a 15-year-old, he or she can be charged with statutory rape regardless of the difference in age. Additionally, only people who can understand and withdraw consent are legally able to consent to a sexual act.

We at Rokusek Stein Law hope you found this short blog about Kansas consent enlightening. If you or a loved one are ever accused of a sex crime, contact our firm for a free consultation of your case.

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