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Archive for Wednesday, May 18, 2011

18-year-old Lawrence man charged with having illegal voluntary sexual relationship with teen

May 18, 2011, 1:28 p.m. Updated May 18, 2011, 2:12 p.m.

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Douglas County prosecutors Wednesday charged an 18-year-old Lawrence man with having unlawful voluntary sexual intercourse with a child between the ages of 14 and 16, according to court records.

Lawrence police Tuesday evening arrested the man. Sgt. Matt Sarna, a police spokesman, said a school resource officer was called to assist detectives with the investigation. Julie Boyle, a school district spokeswoman, said the report was “not a school-related matter.”

Sarna said that police were initially called at noon Tuesday to Lawrence Memorial Hospital’s emergency room to investigate a possible sexual assault and that the victim, a 14-year-old Lawrence girl who was not injured, alleged she was assaulted by an 18-year-old acquaintance Monday in central Lawrence.

The suspect was taken into custody at 8:40 p.m. Tuesday at the downtown law enforcement center, 111 E. 11th St., according to jail records. The man was initially arrested on charges of child rape and indecent liberties with a child, but prosecutors filed the lesser charge Wednesday. It also is a felony. Prosecutors accuse the man of having unlawful voluntary sexual intercourse with a child ages 14 to 16.

A judge set the man’s bond at $2,000 cash or surety Wednesday and scheduled his next hearing for Tuesday. The Journal-World generally does not identify sex crime suspects unless they are convicted.

Comments

tiredofcrazies 2 years, 11 months ago

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Sigmund 2 years, 11 months ago

DebTra (anonymous) says… "It seems the Douglas County Kansas DA's Office and the Douglas County Kansas SRS Office can choose who they prosecute or protect from harm."

File a complaint. There are lots of 14 and 15 year olds having sex with much older partners, but unless a complaint is filed and the charge can be proved beyond a reasonable doubt there isn't anything to be done.

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DebTra 2 years, 11 months ago

It seems the Douglas County Kansas DA's Office and the Douglas County Kansas SRS Office can choose who they prosecute or protect from harm. I know of one family that has been turned in at least five times because the father allowed the 14 year old daughter to date an 18 year old man. The daughter then becomes pregnant a few months after turning 15. I’m not sure the DA’s office or SRS has it priorities straight when it comes to protecting children.

As posted above KSA 21-3522 says it is against the law to have sex (of any kind) with a child who is 14 years of age but less than 16 years of age, yet neither of these offices have deemed it necessary to remove the daughter from the home or prosecute the 18 year old for fathering a child with her or the father of the 15 year old daughter for neglect.

The 18 year old is not being charged with having illegal voluntary sexual relationship with a teen, and the father is not facing Failure to Supervise charges nor is he being charged with Criminal Neglect. At the very least he should be deemed an unfit parent and the daughter should be removed from the home.

I am sure none of this has happened because:

1) the father is friends with someone in the SRS office, 2) the father’s fiancé is a cousin to a Supervisor at the SRS office, & 3) the 18 year olds father is a local police officer.

It is pathetic when some people try to get children out of dangerous circumstances but do not get the assistance needed to do so by “those is charge of the public welfare.” This is akin to the Government saying “Don’t discipline your child, but you – the parent - will be held responsible when your child breaks the law.”

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edjayhawk 2 years, 11 months ago

Yeah that's it. Throw away the key for a 18 year old who had consensual sex with someone a couple years younger. Back in my day, and probably still today, college guys are dating high school women. Other guys I knew said girls would lie about their age so they could date a college guy. This guy is not a predator. Sounds to me there is more then what's been discussed. Am I missing something here in I thought the age of consent is 16?

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Sigmund 2 years, 11 months ago

ebyrdstarr (anonymous) replies… "But the charge of unlawful voluntary sexual relations is inherently a crime of age. It would violate equal protection and substantive due process not to respect the marriage of a 17 year-old and 15 year-old but to respect a marriage with a wider age gap or someone under 14 (which can be legal based on being executed in some state other than Kansas)."

Excellent point that even a District Court should understand :)

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Sigmund 2 years, 11 months ago

caec (anonymous) replies… "Marriage is not a defense for rape. Marriage is only a defense to the charge of the rape of a child under 14 years of age that at the time of the offense the child was married to the accused (statutory rape). The Pattern Instructions for Kansas specifically say this and also say that the instruction is never given in cases of nonconsenual intercourse regardless of the relationship of the parties."

First of all, all rape is statutory. Second, your first two sentences contradict themselves. Your conclusion however is correct, marriage is a defense to age-based rape if the spouse is under 14 years old, but strangely not available in cases where the spouse is 15?!?!?! Finally, since the defense only applies when the charge of rape which is based solely upon the age of the alleged victim and the victim is a spouse, that is why the instruction is only given in cases where the charge is based solely on the age and the victim is a spouse, pretty narrow set of cases to be sure.

FYI, I believe Missouri allows marriage at 15 with parental consent and less than 15 under "special circumstances" and for "good cause."

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Sigmund 2 years, 11 months ago

HowMuchRice (anonymous) says… "Senior dating a freshman. Freshman gets caught by parents, claims it was rape to cover her own butt. Truth comes out. Senior is thrown in jail anyway."

The freshman doesn't have to claim anything, it is age based rape even with consent. Read carefully, unlawful voluntary sexual relations

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Sigmund 2 years, 11 months ago

frwent (anonymous) says… "Just another case of where the sex laws writtten by politicians grandstanding for the voters backfire with collateral damage to unwary youngsters."

All laws are written by grandstanding politicians with collateral damage to the voters. But as for rape or unlawful voluntary sexual relations, 16 years old is the age of consent in Kansas. Now that isn't so hard to remember, is it?

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Ryan Wood 2 years, 11 months ago

Senior dating a freshman. Freshman gets caught by parents, claims it was rape to cover her own butt. Truth comes out. Senior is thrown in jail anyway.

The law is silly in this case.

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kimk 2 years, 11 months ago

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Fred Whitehead Jr. 2 years, 11 months ago

Just another case of where the sex laws writtten by politicians grandstanding for the voters backfire with collateral damage to unwary youngsters. I recall an article some years back where two married people with small daughters were suffering the consequences of being convicted of "unlawful" sex activity before they were married. The male was placed on the sexual offender registry and now the childern of this very lawful marriage were being shunned by vicious and judgemental people who did not want their child to be associating with the childern of a "sex offender". These hypertensive encompasing sex laws written by grandstanding politicians were meant to protect the young, but the result is a lot of crap that was never intended.

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Sigmund 2 years, 11 months ago

The so called "Romeo and Juliet" soft core provisions to the rape law in Kansas:

KSA 21-3522: Unlawful voluntary sexual relations. (a) Unlawful voluntary sexual relations is engaging in voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and the child and the offender are the only parties involved and are members of the opposite sex.

(b) (1) Unlawful voluntary sexual relations as provided in subsection (a)(1) is a severity level 8, person felony. (2) Unlawful voluntary sexual relations as provided in subsection (a)(2) is a severity level 9, person felony. (3) Unlawful voluntary sexual relations as provided in subsection (a)(3) is a severity level 10, person felony. http://kansasstatutes.lesterama.org/Chapter_21/Article_35/21-3522.html

The full-throated hard core rape law:

KSA 21-3502: Rape. (a) Rape is: (1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances: (A) When the victim is overcome by force or fear; (B) when the victim is unconscious or physically powerless; or (C) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;

(2) sexual intercourse with a child who is under 14 years of age;

(3) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or

(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.

(b) It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense.

(c) Except as provided further, rape as described in subsection (a)(1) or (2) is a severity level 1, person felony. Rape as described in subsection (a)(2), when the offender is 18 years of age or older, is an off-grid person felony. Rape as described in subsection (a)(3) or (4) is a severity level 2, person felony. http://kansasstatutes.lesterama.org/Chapter_21/Article_35/21-3502.html

Anyone else find the fact that marriage is a defense for rape, but not for the "Romeo and Juliet" provisions?

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DeaconBlue 2 years, 11 months ago

It's not school related.

Where did they meet? A candle light vigil?

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Floyd Craig 2 years, 11 months ago

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jackpot 2 years, 11 months ago

Sounds like maybe one story with parents at LMH, another without parents at LPD?

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LoveThsLife 2 years, 11 months ago

Wow, I can't believe people are jumping to the conclusion that the act was consensual and that this guy shouldn't be prosecuted. Re-read the article..the girl accused him of assaulting her.
Sure they were acquaintances but that doesn't mean much... girls and women are more likely to be assaulted by someone they know than by a stranger.

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oldvet 2 years, 11 months ago

You better start having conversations with your sons rather than just handing out the condoms and hoping for the best...

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DillonBarnes 2 years, 11 months ago

What a wonderful way to ruin a kid's life.

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kimk 2 years, 11 months ago

An 18 yr old and a 14-16 yr old having voluntary sexual relations and we are going to lock him up and make him register for the next 25 years, what a joke! Not to mention a waste of tax money. As bangaranggerg said above half of every high school would end up in prison and registered if every case got reported/charged. Sounds like a bad break up, she got upset, and now his life is ruined.

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hail2oldku 2 years, 11 months ago

"Lawrence police Tuesday evening arrested the man in connection with a report that a school resource officer took about noon Wednesday at West Junior High School, 2700 Harvard Road." "The suspect was taken into custody at 8:40 p.m. Tuesday"

So he was arrested 15 hours before it was reported to the school resource officer?

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bangaranggerg 2 years, 11 months ago

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