Home -> Law Blog Directory -> Public Defense Blogs -> Kansas Defenders
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: Kansas DefendersState must prove adult's inability to consent [NOT FINAL]
The COA went on to review the record, especially's C.F.'s tesimony:The State argues that unlike the victim in [State v. Ice, 27 Kan. App. 2d 1, 997 P.2d 737 (2000)], C.F. never affirmatively stated that she understood certain consequences of sexual intercourse, such as AIDS or venereal disease. It contends C.F. merely agreed with the defense attorney that a woman can get pregnant if a man has sex with her. It also contends that C.F. never testified that she had the right to resist advances and say no. According to the State, this all establishes that the level of C.F.'s understanding of sexual activities was less than that of the victim in Ice.
The problem with the State's argument is that it suggests that the absence of testimony is sufficient to establish that C.F. was incapable of giving consent. The argument, in essence, transfers to Wylie the burden to prove C.F. was capable of giving consent, when legally it was the State's burden to prove C.F. was not capable of giving consent. The argument is contrary to the elementary principle that the State has the burden to prove each element of the crime charged.
C.F.'s testimony was clear and lucid throughout her direct testimony and cross-examination. Her account was specific, and she answered the questions about the incident in completed thoughts. Her understanding of sex and its consequences is far from rudimentary.As a result, the COA held that the state had failed to introduce sufficient evidence of inability to consent.
The COA rejected Mr. Wylie's claims that this problem infected an aggravated burglary conviction, which it affirmed.
Full post as published by Kansas Defenders on June 02, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Employment Contracts
General Contract Law Principles
T-Mobile USA
alleging the company charged customers for services without their consent.
Final Fantasy XI
Square Enix Faces Class Action over Deceptive Fees and Payments
Parmalat SpA
Italy's biggest dairy company awaits final approval for a securities settlement that would pay investors $10.5 million
USCIS
faces class action lawsuit for allegedly denying visas to adult children of immigrant families
Facebook / Blockbuster
alleging that Facebook distributed your Blockbuster movie rental information without your knowledge or consent.
Adult Care
Friendship Care Assisted Living ordered to pay $20,000 fine for facility violations and negligence.

Circumstantial Evidence May Prove Lack of Informed Consent, Says Pa. Supreme Court
GA: Getting upset when questioned about search is not revoking consent
A Random Thought on the Age of Consent
IN: Consent to enter a hotel room was not consent to search it
Court Sentences 4 Defendants in Insider Trading Rings
OR: Telling defendant he was free not to consent during illegal stop made consent valid








