Why It Matters--The Truth About Consent | Criminal Defense Law Firm, Wichita

WICHITA, Kan., July 16, 2025 /PRNewswire/ -- The term "consent" is used quite frequently in modern lexicon, but not always accurately. In reality, misunderstandings about consent can lead to serious legal consequences, and a lack of knowledge is never a valid defense. Our attorneys at the McConnell Law Firm, a trusted criminal defense law firm in Wichita, specialize in defending clients against false sexual accusations and know firsthand how critical consent is to the legal process. We're breaking down what consent means under Kansas law, including everything you think you know (and some stuff you don't!). Keep reading to protect your future.

What Is Consent?

Consent is a clear and voluntary agreement to engage in sexual activity. It should be given freely, without coercion, and communicated before any sexual conduct begins. While verbal consent is straightforward, non-verbal cues, such as reciprocating physical contact, moving closer, or helping remove clothing, can also indicate consent. That said, non-verbal signals can be ambiguous, and relying on them alone can be risky or lead to misunderstandings. Most importantly, silence or the absence of a "no" does not constitute consent under the law.

Who Can Give Consent?

While federal law sets the legal age of majority at 18, each state establishes its own laws regarding the age of sexual consent. In Kansas, the legal age of consent is 16; however, you may not be legally capable of providing consent if:

• You have a developmental disability or mental incapacity that prevents informed decision-making.
• You are under the influence of drugs or alcohol and unable to make a clear, voluntary choice.
• Consent was obtained through force, threats, or intimidation.
• There is an abuse of power or authority, such as in relationships involving teachers, law enforcement officers, employers, or other positions of influence.

*Engaging in sexual activities without consent may result in criminal charges for sexual offense such as rape.

What To Know

While many people believe consent is a simple "yes" or "no", in reality, it's far more nuanced. To avoid misunderstandings (and potential legal consequences), it's essential to know exactly what consent means and what it doesn't. Here are the key facts everyone should know, according to our criminal defense attorneys:

Consent doesn't transfer.
Consent is an ongoing process; it must be given for each individual encounter. Because someone consented in the past does not mean they will consent in the future (even within a relationship). Additionally, someone consenting to one act does not mean they've consented to all acts. Consent applies only to the specific activity and situation at hand.

Consent can be withdrawn at any time.
Even if someone initially agrees to engage in sexual activity, they can change their mind at any point. Continuing after consent is withdrawn is considered non-consensual and may lead to serious criminal charges, including rape.

Coercion is not consent.
Repeatedly pressuring someone, wearing them down, or using manipulation to gain agreement is not the same as freely given consent. Consent must be voluntary and free of force, guilt, threats, or pressure.

Consent is not automatic in relationships.
Being in a relationship does not guarantee sexual consent. Spouses and partners must still give explicit, mutual agreement during each encounter. Marital rape is recognized under Kansas law and can lead to prosecution.

Consent is never implied.
It cannot be assumed based on someone's clothing, behavior, flirtation, or silence. There should be no ambiguity—consent must be clear, enthusiastic, and unmistakable.

You cannot record an encounter to "protect yourself."
In Kansas, recording someone without their knowledge or consent, especially in a sexual context, may violate state privacy laws and could result in separate criminal charges.

"Whenever you're engaging in sexual activities with someone who is not a regular partner or if alcohol or other substances are involved, there will be greater risks for allegations to be made," said Jonathan W. McConnell, founding sex crimes attorney at the McConnell Law Firm. "It's important to be cautious when using dating apps or engaging in sexual activities with individuals you haven't known previously, and to ensure you fully gain consent before any physical contact is made. This can help you avoid misunderstandings or accusations later on."

Have You Been Accused?

Have false sexual accusations been made against you? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced criminal defense law firm in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of a criminal defense law firm in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

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