Why Consent is Not Always Enough | Sex Crimes Lawyers, Wichita

Most people know that mutual consent should be a prerequisite for engaging in sexual activity. According to the McConnell Law Firm sex crimes lawyers in Wichita, Kansas, though, many people do not realize that there are situations in which sexual activity is considered illegal regardless of consent or age.

Power Disparity Between Individuals

“Consent may not be enough if there is a perceived power disparity between the two parties,” said Jonathan W. McConnell, the founding criminal defense attorney of the McConnell Law Firm. “Power disparity can come into play if an individual has more authority, such as legally or in the workplace, than the other individual.”

Some example scenarios are more well-known, like the fact that it is illegal for a police officer to have sex with an arrestee. Other scenarios may not be so well-known, though, like the fact that it is illegal for a teacher to have sex with a student, regardless of whether the student is above the age of consent or an adult.

Confusion, Silence or Intoxication

“There are several other factors that make the question of consent challenging, such as confusion, silence or intoxication,” said McConnell. “That’s why it is important to consider the scenario in which the sex occurred along with the potential level of impairment.”

For example, some people may believe a woman who is too intoxicated to drive would be too intoxicated to give consent. However, it is very common for people to have sex while intoxicated. In most of these situations, consent is not later questioned, but if it is, consent may be difficult to prove due to the impairment.

How We Can Help

Have you have been falsely accused of sexual assault or rape? Our McConnell Law Firm sex crimes lawyers in Wichita can help. Although every case is different and no conclusions should be drawn without a legal consultation to discuss the specifics of your case, we have extensive experience defending against sexual accusations and charges.

Please contact the McConnell Law Firm sex crimes lawyers in Wichita at (316) 243-5903 for a free consultation. We look forward to assisting you!