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Protecting Your Rights In A Sexual Battery Arrest

Have you been charged with sexual battery or aggravated sexual battery? The consequences of these charges are severe. A conviction will forever affect your reputation, job and family. Protect your freedom and your reputation with an experienced and aggressive criminal defense.

Contact the Law Office of James M. Brun, LLC, in Overland Park to schedule a free initial consultation. Call 913-826-6229.

Sexual Battery

Kansas' sexual battery Statute 21-3517 defines sexual battery as: "the unlawful, intentional touching of the person of another who is not the spouse of the offender and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another."

Sexual battery is a Class A misdemeanor and the penalty includes up to one year in jail and mandatory sex offender registration.

Aggravated Sexual Battery

Aggravated sexual battery is defined in Statute 21-3518 as "The unlawful, intentional application of force to the person of another who is not the spouse of the offender and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another" and one of the following factors occur:

  • The victim is a person under 16 years of age.
  • The crime is committed in another's dwelling by one who entered into or remained in the dwelling without authority.
  • The victim is a person who is unconscious or physically powerless.
  • The victim is a person who is incapable of giving consent because of mental deficiency or disease, which was known by, or was reasonably apparent to, the offender.

Aggravated sexual battery is a sexual crime deemed a Class D felony and the penalties include a 31- to 34-month prison sentence and mandatory sex offender registration.

An Attorney Who Can Handle Sensitive Sexual Battery Charges

Prior to becoming a lawyer, I worked as an intern with the St. Louis Metropolitan Sex Crimes Unit. As an attorney, I used to be chief of the due process hearings at a well-respected school district. Unlike some lawyers, I understand how the other side thinks, and I know the process it uses to investigate crimes. Working on the other side gave me invaluable insight into the criminal justice system. I work hard to get the charges against you dismissed or to mitigate the consequences.

Defenses for sexual battery include:

  • Consent (this defense does not apply to minors or victims who lacked capacity)
  • Lack of evidence
  • Improper police procedure

Schedule A Free Consultation With Our Passionate Criminal Attorney

Sexual battery case defense requires professional legal knowledge. I have experience with cases that include assault and battery and rape, including rape of a minor. Phone me at 913-826-6229 or contact my office to schedule your free initial consultation.

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