Archive for Tuesday, July 12, 2011

Lawrence man, 26, pleads no contest to having relationship with 14-year-old girl

July 12, 2011

Advertisement

A 26-year-old Lawrence man pleaded no-contest Tuesday morning to having a sexual relationship at a west Lawrence apartment with a 14-year-old girl over a seven-week period.

District Judge Kay Huff accepted the plea to attempted aggravated indecent liberties with a child and convicted Devin Rapp of the charge. Prosecutors in February filed seven charges against Rapp accusing him of having a sexual relationship with the girl from December 2010 to Jan. 31, but he pleaded to the one felony count Tuesday. Amy McGowan, a chief assistant district attorney, said prosecutors also wouldn’t file charges in connection with a second investigation in exchange for the plea.

Huff told Rapp, who has been free on $25,000 bond, that he could face from 31 months to 11 years in prison, although defense attorney David Brown said he believed Rapp had minimal criminal history, meaning he would fall on the low end due to state sentencing guidelines.

Huff also said Rapp could fall within a “border box” where the judge could decide between a prison sentence or granting probation at his Sept. 16 sentencing. Rapp would also have to register with the Kansas Bureau of Investigation.

“You will be classified as a sex offender because of this plea,” the judge said.

A previous version of this story did not list Devin Rapp's first name.

Comments

del888 3 years, 9 months ago

O-S-C-A-R. Oh wait, that's my bologna's first name

Lisa Rasor 3 years, 9 months ago

George and LJW:

Please re-word that headline. Relationship implies consent. There is no "relationship" between a 26-year-old and a 14-year-old. She is below the age of consent.

I'm sure the 26-year-old thought they had a "relationship", which is why he's going to have to register as a sex offender for the rest of his life. And rightly so.

Cade Butler 3 years, 9 months ago

There is no "legal consent" at the age of 14, but the girl's "actual consent" is relevant. If she hadn't consented, the original charges would've most likely been rape. So, I guess, there was a "relationship" in a sense...just an illegal one, obviously.

13 years old or younger: there is no "legal consent" or "actual consent," regardless of the circumstances. Sex = rape. KSA 21-3502(a)(2)

14 - 15 years old: there is no "legal consent," but their can be "actual consent." non-consensual = rape, consensual = agg indecent liberties. KSA 21-3504(a)(1)

4accountability 3 years, 9 months ago

I was offended by that headline as well. We need to be educating people. I am trying to figure out why he was not charged with rape. As you stated a 14 year old cannot give consent.

Cade Butler 3 years, 9 months ago

Headline is correct. It wasn't charged as rape because, apparently, it wasn't non-consensual. A 14yo cannot give "legal consent," but she can give "actual consent."

The actual consent is the difference between rape and agg indecent liberties.

4accountability 3 years, 9 months ago

Under 14 would be rape "actual consent" or not. I still am offended by the headline and believe it gives a false impression that minimizes the illegal behaviour.

Cade Butler 3 years, 9 months ago

Yes, under 14 is rape regardless of the circumstances. That is why, directly above your initial comment, I said:

"13 years old or younger: there is no "legal consent" or "actual consent," regardless of the circumstances. Sex = rape. KSA 21-3502(a)(2)"

I think she was 14 years old, though, during all of the alleged events so "actual consent" is still a factor in this case.

greywolf85203 3 years, 9 months ago

I'm guessing the editor was sleeping when they looked at this article misleading headline and Mr. Rapp's first name was not included. Given the issue that should have been released.

oldvet 3 years, 9 months ago

Too bad he didn't draw Judge Martin... this would have been a slap on the hand and a probation period. She has a history of being soft on "consensual" sex with young girls.

kernal 3 years, 9 months ago

A history? I thought it was one case that raised some ire in town, not a slew of them.

xclusive85 3 years, 9 months ago

The story now has the first name. Was the story updated or did that many people really miss the name? There is no updated at time.

Ceallach 3 years, 9 months ago

"minimal criminal history" don't you just love legalese?

Rapp makes me sick, those who try to get his sentence reduced make me sick, anyone who thinks a 14 year old is not a victim when seduced by a 26 year old, well, they make me sick.

Ewok79 3 years, 9 months ago

I agree, sick b@$tard. He's manipulaing young girls, cause he's got NO game with women of his own age.

Elaine Elliott 3 years, 9 months ago

I absolutely agree. Plus, where are this girl's parents? They didn't notice that she was hanging around someone 12 yrs older than her?

Monica Miller 3 years, 9 months ago

This comment was removed by the site staff for violation of the usage agreement.

Reuben Turner 3 years, 9 months ago

i just hope that the girl gets in some trouble too. If these little hiefers don't ever recieve punishment for their actions, they will just keep on doing wrong. yes the 26yr old man was wrong, but i ain't letting that 14yr old go free either; she was wrong and old enough to know. they start teaching these kids real early in school about sex education; she needs time or some form of punishment.

Commenting has been disabled for this item.