when district attorney will not file rape charges in kansas

Why are prosecutors dropping charges against a Kansas student accused of rape?

Dec 15, 2017 · Dec 15, 2017 - 1:55pm Sara Shepherd The 1.2 million McCarthy Hall houses the Kansas men's basketball team to the southeast of Allen Fieldhouse on KU's campus. The Douglas County District Attorney’s Office will not file sex assault charges from a report that a 16-year-old girl was raped a year ago at the University of Kansas men’s basketball dorm.

How does the Kansas district attorney decide what to charge?

Dec 15, 2017 · LAWRENCE — The local prosecutor does not plan to file sexual assault charges over a report that a 16-year-old girl was raped in December 2016 in the dorm housing the Kansas men’s basketball team.

What happens when the district attorney decides to wait to file?

Oct 29, 2019 · Prosecutors plan to drop all charges against a University of Kansas student accused of falsely reporting a rape By The Associated Press October 29, 2019, 12:20 PM

What is the difference between a district attorney and a prosecutor?

Oct 29, 2019 · October 29, 2019, 8:19 AM. LAWRENCE, Kan. (AP) — Prosecutors in Kansas are dropping all charges against a University of Kansas student accused of falsely reporting a rape, saying they feared...

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What is the statute of limitation for rape in Kansas?

Rape and Sex Offenses Victim 18 or older: 10 years after the crime, or one year from the date the suspect's identity is conclusively established by DNA, whichever is later.

How long after being molested can you press charges in Kansas?

If a child is the victim of a sexually violent crime, the case must be started within 10 years of the victim's 18th birthday or within 1 year of the discovery of DNA evidence establishing the offender's identity, whichever is later.Sep 30, 2020

What is the penalty for rape in Kansas?

Otherwise, rape is a level 1 person felony punishable by 147 to 653 months in prison and a fine of up to $300,000. Sexual battery is a class A misdemeanor, punishable by up to one year in jail, a fine of up to $2,500, or both.

What is statutory rape in Kansas?

Kansas Age of Consent Laws 2022 Individuals aged 15 or younger in Kansas are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Kansas statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16.

What constitutes rape in Kansas?

Rape is engaging in sexual intercourse with a person who does not consent. “Sexual intercourse” means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse.

Is domestic violence a felony in Kansas?

Felony Domestic Battery and Aggravated Domestic Battery An offender on their third or subsequent domestic battery conviction within five years is guilty of a person felony and faces a mandatory 90 days and up to one year in jail and a fine of $1,000 to $7,500.

What is the Romeo and Juliet law in Kansas?

The 18 year-old, who engaged in consentual oral sex with a 15 year-old boy, was held to be unprotected by Kansas' "Romeo and Juliet" law, which substantially reduces the penalty for sex with a minor when both parties are in their teens. The Romeo and Juliet law only applies to heterosexual sex.Sep 1, 2004

What is the statute of limitations in Kansas?

FindLaw Newsletters Stay up-to-date with how the law affects your lifeCode SectionKansas Statutes 60-501, et seq.: Limitations of ActionsCollection of RentsIf pursuant to an oral or implied contract: 3 yrs. (5 yrs. for all written contracts, however)ContractsWritten: 5 yrs. 60-511(1); Oral: 3 yrs. 60-512(1)8 more rows•Mar 12, 2018

What is a level 3 felony in Kansas?

Examples of Felony Crimes and Severity Levels Voluntary manslaughter: severity level 3, person felony. Theft of property ($100,000 or more): severity level 5, non-person felony. Burglary of a dwelling: severity level 7, person felony. Incitement to riot: severity level 8, person felony.

What happens if a district attorney files a complaint in Kansas?

Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.

What is the role of a district attorney?

The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.

What happens when a suspect is charged?

Once charges are filed, the suspect officially “becomes” a defendant This may seem like a simply switch in wording, but it actually has very significant and real implications for the accused. Once a charge is filed, the options of eliminating the case are very few.

What is an arrest warrant?

An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody.

How can a case be ended?

Second, once a case has been filed it can only be ended in in four ways: by the state, by the court, by a plea deal, or by trial. Notice that the accused has no option of bringing a quick end to filed charges without winning a legal fight for dismissal.

Can a district attorney file probable cause?

With this standard in mind, most district attorneys will have little trouble establishing probable cause and succeeding in having an arrest warrant issued. “Discretion to file” is one peculiar aspect of the American criminal justice system is the ability of a district attorney to completely forego criminal charges.

Who handles the prosecution of all state offenses?

The investigating police officer will turn over the fruits of the investigation to the district attorney for the proper county. The county handles the prosecution of all state offenses; that is, violations of a state law. The police investigate both state offenses and municipal infractions, or violations of city ordinances.