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21-3502.

History: L. 1969, ch. 180, § 21-3502; L. 1978, ch. 120, § 1; L. 1983, ch. 109, § 2; L. 1993, ch. 253, § 1; L. 1993, ch. 253, § 2; L. 1996, ch. 258, § 3; L. 2006, ch. 212, § 8; L. 2010, ch. 109, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.

Source or Prior Law:

21-424, 21-425.

Law Review and Bar Journal References:

"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 529 (1983).

"Survey of Kansas Law: Criminal Law," Robert A. Wason, 32 K.L.R. 395, 396 (1984).

"The Battered Woman's Syndrome Defense," Colleen Cacy, 34 K.L.R. 337, 364 (1985).

"Kansas Recognizes Rape Trauma Syndrome," Charles H. Herd, 24 W.L.J. 653, 661 (1985).

"Criminal Law: Multiplicity and the Independence of Aggravated Sexual Battery Under KAN. STAT. ANN. § 21-3107(2) [State v. Mason, 827 P.2d 748 (Kan. 1992)]," Lance Thaxton, 32 W.L.J. 290, 291 (1993).

"Criminalizing the Intentional or Reckless Exposure to HIV: A Wake-Up Call to Kansas," Amy M. Decker, 46 K.L.R. 305 (1998).

Survey of Recent Cases, 46 K.L.R. 921 (1998).

"The State's Response to Sexual Offenders," Carla Stovall, 7 Kan. J.L. & Pub. Pol'y, No. 2, 29, 39 (1998).

"Juvenile Informants—A Necessary Evil?" Darci G. Osther, 39 W.L.J. 106 (1999).

"Other Misconduct Evidence," Christopher M. Joseph, 49 K.L.R. 145 (2000).

Attorney General's Opinions:

Rape; aggravated sodomy; rape shield statute; gender. 88-162.

Family planning centers; state funding of contraceptives for minors. 92-71.

Abortion providers required to report minor child under 16 years of age seeking abortion as evidence of sexual abuse. 2003-17.

CASE ANNOTATIONS

1. Conviction upheld; due process not violated by lineup procedure; counsel present during viewing. State v. Kelly, 210 Kan. 192, 499 P.2d 1040.

2. Conviction hereunder affirmed; search not objectionable; prior rapes admissible; lesser included crimes instruction not required. State v. Masqua, 210 Kan. 419, 502 P.2d 728.

3. Cited; conviction under prior statute set aside as being duplicitous. Jarrell v. State, 212 Kan. 171, 510 P.2d 127.

4. Conviction hereunder upheld; statement of accused not inadmissible solely because counsel not present. State v. Nichols, 212 Kan. 814, 512 P.2d 329.

5. Conviction hereunder not error in failure to instruct on adultery; separate crimes; record reviewed; conviction upheld. State v. Platz, 214 Kan. 74, 77, 519 P.2d 1097.

6. Conviction hereunder; record examined; conviction upheld. State v. Winston, 214 Kan. 525, 520 P.2d 1204.

7. Section is not unconstitutional classification discriminating against sex. State v. Price, 215 Kan. 718, 723, 529 P.2d 85.

8. No abuse of discretion in admission of evidence of similar offenses; instructions proper; conviction upheld. State v. Hampton, 215 Kan. 907, 909, 529 P.2d 127.

9. Conviction of assault and battery and rape; alleged trial errors reviewed and conviction upheld. State v. James, 216 Kan. 235, 531 P.2d 70.

10. Rape is not a lesser included offense of aggravated kidnapping. Wisner v. State, 216 Kan. 523, 532 P.2d 1051.

11. Defendant charged hereunder cannot claim former jeopardy as to a crime convicted of, where conviction reversed and case dismissed; rights not denied. State v. Dolack, 216 Kan. 622, 623, 533 P.2d 1282.

12. Conviction hereunder and of other crimes reviewed; evidence of similar offenses; instructions; no reversible error. State v. James, 217 Kan. 96, 100, 535 P.2d 991.

13. Conviction hereunder; no abuse of discretion in admission of evidence of similar offenses or instructions. State v. Gonzales, 217 Kan. 159, 535 P.2d 988.

14. Use of word "rape" during prosecution under K.S.A. 21-3503 not prejudicial. State v. Wonser, 217 Kan. 406, 409, 537 P.2d 197.

15. Conviction hereunder and of other crimes affirmed; evidence admissible. State v. Donahue, 218 Kan. 351, 543 P.2d 962.

16. Alleged trial errors examined on appeal from conviction hereunder; no error. State v. Emery, 218 Kan. 423, 543 P.2d 897.

17. Alleged errors reviewed and conviction hereunder upheld. State v. Adams, 218 Kan. 495, 499, 545 P.2d 1134.

18. Conviction hereunder; certain statements made by victim held not to imply consent. State v. Clark, 218 Kan. 726, 728, 544 P.2d 1372.

19. Conviction hereunder upheld; aggravated assault charge duplicitous and conviction reversed. State v. Lassley, 218 Kan. 758, 761, 762, 545 P.2d 383.

20. Conviction hereunder upheld; evidence sufficient to sustain verdict. State v. Robinson, 219 Kan. 218, 547 P.2d 335.

21. Conviction hereunder upheld; testimony and physical evidence properly allowed. State v. Steward, 219 Kan. 256, 257, 547 P.2d 773.

22. Record reviewed from convictions of murder, aggravated battery and rape; no error found. State v. King, 219 Kan. 508, 548 P.2d 803.

23. Erroneous admission of prior conviction constituted prejudice; conviction hereunder reversed. State v. Donnelson, 219 Kan. 772, 773, 549 P.2d 964.

24. Conviction hereunder reviewed; no reversible error. State v. Johnson, 219 Kan. 847, 848, 549 P.2d 1370.

25. Conviction hereunder and of other crimes; record examined; no reversible error. State v. Lewis, 220 Kan. 791, 556 P.2d 888.

26. Convictions hereunder and of other crimes affirmed on review. State v. Lee, 221 Kan. 109, 110, 558 P.2d 1096.

27. Conviction hereunder and of other offenses; no error in refusing new trial or in refusing proposed instruction. State v. Robertson, 221 Kan. 409, 559 P.2d 810.

28. Conviction of attempted rape reversed; failure to instruct on lesser offense of battery. State v. Arnold, 1 Kan. App. 2d 642, 645, 573 P.2d 1087. Reversed: 223 Kan. 715, 716, 717, 576 P.2d 651.

29. Alleged trial errors reviewed in affirming conviction hereunder. State v. Gilder, 223 Kan. 220, 221, 574 P.2d 196.

30. No abuse of discretion in refusing to grant separate trials nor in refusal to sever counts; conviction affirmed. State v. Howell, 223 Kan. 282, 573 P.2d 1003.

31. Bill of particulars in prosecution hereunder alleged force only; evidence of force and fear properly admitted; conviction affirmed. State v. Corn, 223 Kan. 583, 589, 575 P.2d 1308.

32. Prejudicial error in prosecution hereunder; case remanded for new trial. State v. Nixon, 223 Kan. 788, 789, 576 P.2d 691.

33. Alleged errors in conviction hereunder reviewed; conviction affirmed. State v. Cook, 224 Kan. 132, 578 P.2d 257.

34. Conviction hereunder affirmed; limitations on evidence of previous sexual conduct constitutional; statutory definition of sodomy construed. State v. Williams, 224 Kan. 468, 471, 580 P.2d 1341.

35. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Higdon, 224 Kan. 720, 585 P.2d 1048.

36. Conviction under section affirmed and sentence approved. State v. Pencek, 224 Kan. 725, 585 P.2d 1052.

37. Conviction hereunder upheld; alleged errors reviewed. State v. Stewart, 225 Kan. 410, 591 P.2d 166.

38. No error in failure to instruct jury on sodomy or patronizing a prostitute; conviction affirmed. State v. Blue, 225 Kan. 576, 580, 592 P.2d 897.

39. Conviction affirmed; K.S.A. 60-447a construed and applied. In re Nichols, 2 Kan. App. 2d 431, 436, 580 P.2d 1370.

40. Minor convicted as adult hereunder; failure to receive fair treatment and fair trial; conviction reversed. State v. Gammill, 2 Kan. App. 2d 627, 628, 585 P.2d 1074.

41. Admissibility of testimony of expert witness is subject to the trial court's discretion; convictions of rape and aggravated kidnapping affirmed. State v. Reed, 226 Kan. 519, 601 P.2d 1125.

42. Appeal from conviction hereunder. State v. Washington, 226 Kan. 768, 602 P.2d 1377.

43. Conviction hereunder upheld; no error in admission into evidence of expert testimony on bite-mark identification. State v. Peoples, 227 Kan. 127, 605 P.2d 135.

44. Conviction affirmed; defendant received effective assistance of counsel; sentencing of defendant proper. State v. Rice, 227 Kan. 416, 417, 607 P.2d 489.

45. Conviction upheld; trial court did not abuse discretion by failing to find jury deadlocked. State v. Sanders, 227 Kan. 892, 610 P.2d 633.

46. Fact that accused previously retained counsel does not make inadmissible voluntary statement made by defendant in counsel's absence. State v. Costa, 228 Kan. 308, 309, 613 P.2d 1359.

47. Confinement in automobile was merely incidental to the commission of the rape; conviction of aggravated kidnapping reversed. State v. Cabral, 228 Kan. 741, 745, 619 P.2d 1160.

48. Expert scientific opinion must be generally accepted as reliable before received in evidence; court did not err in allowing assistant district attorney to testify. State v. Washington, 229 Kan. 47, 622 P.2d 986.

49. Duty to instruct on lesser included offenses arises only when there is evidence under which defendant might reasonably have been convicted thereof. State v. Everson, 229 Kan. 540, 626 P.2d 1189.

50. Defense not surprised by appearance of state's missing witness; two days before trial witness available for interview. State v. Jordan, 229 Kan. 558, 559, 629 P.2d 1172 (1981).

51. Mistrial declared after 2 1/2 days of trial because of ineligible juror; double jeopardy did not attach. State v. Folkerts, 229 Kan. 608, 629 P.2d 173 (1981).

52. Conviction reversed; insufficient evidence of specific intent to commit rape. State v. Carr, 230 Kan. 322, 634 P.2d 1104 (1981).

53. No error in admitting evidence of flight, excluding evidence of victim's prior sexual activity or denying dismissal of action for violation of speedy trial statute. State v. Anderson, 230 Kan. 681, 682, 640 P.2d 1232 (1982).

54. Failure to object to bailiff not being sworn held waiver; trial court prohibited from ordering polygraph examination of victim. State v. Dedman, 230 Kan. 793, 640 P.2d 1266 (1982).

55. Psychiatrist's testimony that person suffers rape trauma syndrome held admissible. State v. Marks, 231 Kan. 645, 646, 647 P.2d 1292 (1982).

56. No instruction on attempted rape required where both defendant and victim testified as to penetration. State v. Korbel, 231 Kan. 657, 658, 659, 647 P.2d 1301 (1982).

57. No error in refusal to instruct on indecent liberties where rape victim's age prevented consent. State v. Lilley, 231 Kan. 694, 695, 696, 647 P.2d 1323 (1982).

58. Various alleged evidentiary and procedural errors considered. State v. Thompson, 232 Kan. 364, 654 P.2d 453 (1982).

59. No error in excluding prior sexual experience between defendant and victim; irrelevant to issue of consent because of remoteness. State v. Stellwagen, 232 Kan. 744, 659 P.2d 167 (1983).

60. Uncorroborated testimony of prosecutrix was so unbelievable it was not sufficient to sustain conviction. State v. Matlock, 233 Kan. 1, 660 P.2d 945 (1983).

61. Defendant found guilty of rape; conviction of lesser included offense of indecent liberties with child set aside. State v. Coberly, 233 Kan. 100, 106, 107, 661 P.2d 383 (1983).

62. Admission of evidence and jury instruction considered. State v. Jones, 233 Kan. 112, 660 P.2d 948 (1983).

63. Court properly combined post-arraignment time of first prosecution and post-arraignment time of second prosecution. State v. Ransom, 233 Kan. 185, 661 P.2d 392 (1983).

64. Threats made incidental to commission of rape will not support conviction for terroristic threats. State v. Reeves, 234 Kan. 250, 256, 671 P.2d 553 (1983).

65. Court may not issue ex parte order of resentencing; defendant must be present at time of sentencing. State v. Coy, 234 Kan. 414, 420, 672 P.2d 599 (1983).

66. Evidence sufficient to show victim's resistance overcome by both force and fear. State v. Cantrell, 234 Kan. 426, 429, 673 P.2d 1147 (1983).

67. Rights and responsibilities of prosecution and court regarding juveniles waiver hearings (K.S.A. 38-636) and preliminary hearings (K.S.A. 22-2902) outlined. In re Davis, 234 Kan. 766, 771, 674 P.2d 1045 (1984).

68. Identi-Kit composite goes to weight and sufficiency; pretrial photographic lineup identification not impermissibly suggestive; spouse's observation of keys not privileged. State v. Galloway, 235 Kan. 70, 680 P.2d 268 (1984).

69. Foundation for admission of tape recordings in most jurisdictions outlined and applied ("911" recording of crime in progress). State v. Williams, 235 Kan. 485, 486, 491, 681 P.2d 660 (1984).

70. Conviction hereunder; evidence admissible under K.S.A. 60-455 may be admissible to show commission of crime itself. State v. Gray, 235 Kan. 632, 634, 681 P.2d 669 (1984).

71. Statute not discriminatory against men. State v. Wood, 235 Kan. 915, 919, 686 P.2d 128 (1984).

72. Conviction hereunder; fingerprint identification and use of photographic evidence discussed at length. State v. Murdock, 236 Kan. 146, 689 P.2d 814 (1984).

73. Rape trauma syndrome testimony not violation of rape shield provisions; absence of syndrome inadmissible where consent is defense. State v. McQuillen, 236 Kan. 161, 172, 689 P.2d 822 (1984).

74. Sufficiency of evidence; medical expert not authorized to testify complainant was raped. State v. Bressman, 236 Kan. 296, 297, 304, 689 P.2d 901 (1984).

75. Sufficiency of evidence. State v. Hanks, 236 Kan. 524, 525, 536, 694 P.2d 407 (1985).

76. Behavior and comments of defendant during arrest admitted as part of res gestae. State v. Davis, 236 Kan. 538, 539, 694 P.2d 418 (1985).

77. Sufficiency of uncorroborated prosecutrix testimony evidence sustained; constitutional, ex post facto challenges reintent meritless. State v. Lile, 237 Kan. 210, 211, 213, 699 P.2d 456 (1985).

78. Time limitations of appeal of conviction (K.S.A. 22-3608); revocation of probation following imposition of sentence (K.S.A. 21-4603). State v. Tripp, 237 Kan. 244, 699 P.2d 33 (1985).

79. Refusal to order psychiatric examination for, and use of videotaped deposition of, victim discussed. State v. Wooldridge, 237 Kan. 737, 703 P.2d 1375 (1985).

80. Cited; right to counsel infringed where law partner represents another charged with same crime and conflict arises. State v. Lem'Mons, 238 Kan. 1, 2, 705 P.2d 552 (1985).

81. Effect of delays from interlocutory appeals (K.S.A. 22-3603) on constitutional right to speedy trial discussed. State v. Galloway, 238 Kan. 100, 708 P.2d 508 (1985).

82. In-custody statement without counsel, witness' comment on defendant's silence, impeachment of prosecution witnesses discussed. State v. O'Neal, 238 Kan. 183, 708 P.2d 206 (1985).

83. Attempted rape instruction, sexual battery (K.S.A. 21-3517) and aggravated sexual battery (K.S.A. 21-3518) as lesser offenses discussed. State v. Galloway, 238 Kan. 415, 710 P.2d 1320 (1985).

84. Evidence of prior crimes (K.S.A. 60-455), sufficiency of complaint affidavit, photographic evidence, trial consolidation discussed. State v. Breazeale, 238 Kan. 714, 714 P.2d 1356 (1986).

85. Specific intent is not element of crime of rape. Wiley v. Rayl, 767 F.2d 679, 680 (1985).

86. Admission of state rebuttal testimony by former prosecuting attorney and rape counselor examined. State v. Hayes, 239 Kan. 443, 720 P.2d 1049 (1986).

87. Severity of sentence, in-court identifications, photographic evidence of lineup examined. State v. Slansky, 239 Kan. 450, 720 P.2d 1054 (1986).

88. Expert testimony on rape trauma syndrome relevant and admissible where consent is defense. State v. McQuillen, 239 Kan. 590, 721 P.2d 740 (1986).

89. Speedy trial, justices qualified on rehearing, hearsay statements, incriminating statements, witness sequestration, new evidence examined. State v. Ransom, 239 Kan. 594, 722 P.2d 540 (1986).

90. Testimony on incarceration, rebuttal regarding sanity, venue change, hair samples and confession in evidence, jury instructions examined. State v. Alexander, 240 Kan. 273, 729 P.2d 1126 (1986).

91. Cited by concurring judge in majority holding that aggravated sexual battery (K.S.A. 21-3518) not lesser included offense of indecent liberties (K.S.A. 21-3503). State v. Fulcher, 12 Kan. App. 2d 169, 173, 737 P.2d 61 (1987).

92. Aggravated incest (K.S.A. 21-3603) not lesser included offense (K.S.A. 21-3107); prior sexual relations, limiting instructions, prosecutorial remarks examined. State v. Moore, 242 Kan. 1, 7, 9, 748 P.2d 833 (1987).

93. Insanity defense (K.S.A. 22-3219) as speedy trial delay (K.S.A. 22-3402), diminished capacity instruction, ex parte order for psychiatric evaluation examined. State v. Maas, 242 Kan. 44, 744 P.2d 1222 (1987).

94. Non-identical offense to aggravated incest (K.S.A. 21-3603), K.S.A. 60-460 hearing examined. State v. Hutchcraft, 242 Kan. 55, 744 P.2d 849 (1987).

95. Peremptory challenges of members of defendant's minority race or group examined. State v. Hood, 242 Kan. 115, 116, 744 P.2d 816 (1987).

96. Admission of expert testimony (K.S.A. 60-456) by forensic examiner from KBI upheld. State v. Stukey, 242 Kan. 204, 747 P.2d 137 (1987).

97. Photo lineups, victim's eyewitness description, uncorroborated defense testimony, use of rape kit examined. State v. Grubbs, 242 Kan. 224, 747 P.2d 140 (1987).

98. Indecent liberties (K.S.A. 21-3503) as not identical nor more specific crime, discharge of juror after empaneling examined. State v. Helms, 242 Kan. 511, 748 P.2d 425 (1988).

99. Prior crimes and rape instructions, jury requests for information, venue, victim's prior sexual conduct examined. State v. Redford, 242 Kan. 658, 659, 750 P.2d 1013 (1988).

100. Evidence available at trial of "newly discovered" evidence tending to impeach or discredit, materiality of evidence examined. Baker v. State, 243 Kan. 1, 3, 12, 755 P.2d 493 (1988).

101. Cited; K.S.A. 60-1507 question on jurisdiction to convict of aggravated sexual battery (K.S.A. 21-3518) on information charging rape examined. Patterson v. State, 12 Kan. App. 2d 731, 754 P.2d 1207 (1988).

102. Conviction affirmed; discretion in sentencing examined where court misunderstood parole eligibility at time sentence imposed. State v. Glover, 243 Kan. 689, 763 P.2d 605 (1988).

103. Conviction affirmed; incidental charges, multiplicitous charges, sufficiency of evidence examined. State v. Howard, 243 Kan. 699, 763 P.2d 607 (1988).

104. Distinctions between aggravated sexual battery (K.S.A. 21-3518) and rape noted. State v. Blount, 13 Kan. App. 2d 347, 350, 770 P.2d 852 (1989).

105. Expert testimony on characteristics of rape victims and expert witnesses, victim's behavior subsequent to alleged assaults examined. State v. Reser, 244 Kan. 306, 767 P.2d 1277 (1989).

106. Time limits on district court's jurisdiction to modify sentences (K.S.A. 21-4603(3)), procedures to attack conditions of imprisonment (K.S.A. 60-1501 et seq.) examined. State v. Saft, 244 Kan. 517, 521, 769 P.2d 675 (1989).

107. Alibi (K.S.A. 22-3218) and insanity (K.S.A. 22-3219) as only circumstances requiring notice of intended defense examined; voluntary intoxication (K.S.A. 21-3208) distinguished. In re Habeas Corpus Petition of Mason, 245 Kan. 111, 112, 775 P.2d 179 (1989).

108. Subsection (1)(c) prohibiting intercourse with victim incapable of giving consent because of mental deficiency or disease not unconstitutionally vague. Keim v. State, 13 Kan. App. 2d 604, 608, 777 P.2d 278 (1989).

109. Lesser included crime instruction, mention of polygraph test during cross-examination examined. State v. Hammon, 245 Kan. 450, 781 P.2d 1063 (1989).

110. Attempted penetration in attempted rape, victim's propensity to form male social acquaintances, testimony of recalcitrant witness, underlying felony examined. State v. Gonzales, 245 Kan. 691, 783 P.2d 1239 (1989).

111. Delays in holding trial caused by defendant's motion for competency hearing, basis of search warrant examined. State v. Prewett, 246 Kan. 39, 40, 785 P.2d 956 (1990).

112. Defendant's right to counsel at hearing on motion to modify sentence (K.S.A. 21-4603(3)) determined. State v. Pierce, 246 Kan. 183, 184, 787 P.2d 1189 (1990).

113. Aggravated sexual battery (K.S.A. 21-3518) not lesser included crime of rape; holdings to the contrary disapproved. State v. Gibson, 246 Kan. 298, 787 P.2d 1176 (1990).

114. Postarrest/Miranda silence, other crimes evidence, inquiry why prior complaining witnesses failed to pursue retrials examined. State v. Searles, 246 Kan. 567, 793 P.2d 724 (1990).

115. Suggestive pretrial procedures, evidence from automobile and home, sufficiency of evidence, peremptory challenges examined. State v. Skelton, 247 Kan. 34, 795 P.2d 349 (1990).

116. When duty arises to instruct on lesser included offense stated. State v. Crawford, 247 Kan. 223, 226, 795 P.2d 401 (1990).

117. Defendant's offer of rebuttal evidence where state introduces evidence of previous sexual conduct (K.S.A. 21-3525) examined. State v. Beans, 247 Kan. 343, 800 P.2d 145 (1990).

118. Determination whether interrogation is custodial, ambiguous statement as to assertion of Miranda rights, voluntariness of confession examined. State v. Fritschen, 247 Kan. 592, 802 P.2d 558 (1990).

119. Lack of requirement to change life sentence so good time credits apply, when counsel required for postconviction motions examined. State v. Carmichael, 247 Kan. 619, 620, 801 P.2d 1315 (1990).

120. Closing argument constituting prosecutorial misconduct, rape as sufficient to support aggravated kidnapping examined. State v. Zamora, 247 Kan. 684, 803 P.2d 568 (1990).

121. Employee as not assuming risk of rape at place of employment noted, notwithstanding knowledge of risk. Kan. Perkins v. Spivey, 911 F.2d 22 (1990).

122. Rules governing motions for new trial based upon newly discovered evidence reiterated. State v. Redford, 248 Kan. 130, 804 P.2d 983 (1991).

123. Right to speedy trial, peremptory challenges to strike blacks from panel, DNA profiling evidence examined. Smith v. Deppish, 248 Kan. 217, 218, 807 P.2d 144 (1991).

124. Rape requires living victim when act takes place; lack of instruction on law examined. State v. Perkins, 248 Kan. 760, 771, 811 P.2d 1142 (1991).

125. State's need for evidence and accused's privacy rights, propriety of testimony on accused's refusal to submit semen sample examined. State v. Williams, 15 Kan. App. 2d 656, 657, 815 P.2d 569 (1991).

126. Two counts of rape of same victim in same location within one hour not multiplicitous under facts. State v. Richmond, 250 Kan. 375, 376, 827 P.2d 743 (1992).

127. Aggravated sexual battery not lesser included crime of attempted aggravated sodomy or attempted rape; test for determining multiplicitous charges. State v. Mason, 250 Kan. 393, 394, 827 P.2d 748 (1992).

128. Jury selection by voter registration lists examined; evidence that crime of rape occurred held insufficient. State v. Bailey, 251 Kan. 156, 158, 164, 834 P.2d 342 (1992).

129. Evidence supporting determination to try juvenile as adult (K.S.A. 38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 Kan. 755, 756, 840 P.2d 483 (1992).

130. Propriety of admission of prior convictions on cross-examination, multiplicity of aggravated kidnapping and rape examined. State v. Blackburn, 251 Kan. 787, 840 P.2d 497 (1992).

131. Voluntariness of confession, extrajudicial statement of accused, investigative services for indigent defendant examined. State v. Snodgrass, 252 Kan. 253, 254, 843 P.2d 720 (1992).

132. Cited where conviction of aggravated incest, under facts alleged and proved barred prosecution for indecent liberties and aggravated criminal sodomy. State v. Chandler, 17 Kan. App. 2d 512, 515, 839 P.2d 551 (1992).

133. Cited; defendant allowed one request for modification of sentence under K.S.A. 21-4603. State v. Smith, 17 Kan. App. 2d 746, 843 P.2d 297 (1992).

134. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, "Hard 40" statute, examined. State v. Walker, 252 Kan. 279, 281, 845 P.2d 1 (1993).

135. Failure to instruct on attempted indecent liberties as lesser offense of attempted rape not error under facts herein. State v. Cahill, 252 Kan. 309, 845 P.2d 624 (1993).

136. Testimony of prosecutrix alone held sufficient to convict; preservation of issues for appeal, failure to instruct on involuntary intoxication examined. State v. Cooper, 252 Kan. 340, 341, 845 P.2d 631 (1993).

137. Conviction hereunder reversed; trial court erred in excluding evidence of lack of veracity by complaining witness. State v. Lewis, 252 Kan. 535, 847 P.2d 690 (1993).

138. Evidence sufficient for rational fact finder to find essential elements of crime of rape. Griggs v. State of Kan., 814 F. Supp. 60, 61, 63 (1993).

139. Consecutive maximum sentences following nolo contendere pleas not abuse of trial court's discretion under facts stated. State v. Gibbens, 253 Kan. 384, 855 P.2d 937 (1993).

140. Application of K.S.A. 21-4601 and 21-4606 to sentencing rather than modification noted; when provisions of K.S.A. 21-4603(4) applicable examined. State v. Mareska, 253 Kan. 431, 855 P.2d 954 (1993).

141. Indigent criminal defendant's right to counsel, charging two or more crimes in same complaint examined. State v. Cromwell, 253 Kan. 495, 497, 856 P.2d 1299 (1993).

142. Trial court lacked jurisdiction to convict father of rape of 15 year-old daughter where father also convicted of aggravated kidnapping. Carmichael v. State, 18 Kan. App. 2d 435, 437, 856 P.2d 934 (1993).

143. Racially motivated peremptory jury challenge noted as extended to criminal defendants; cross-examination about defendant's post-arrest and post-Miranda silence noted as error. State v. Foust, 18 Kan. App. 2d 617, 857 P.2d 1368 (1993).

144. Whether court had jurisdiction to arrest judgment where defendant's motion filed later than section authorizes examined. Carmichael v. State, 255 Kan. 10, 13, 872 P.2d 240 (1994).

145. Whether evidence was sufficient to prove victim was overcome by force or fear in rape case examined. State v. Borthwick, 255 Kan. 899, 901, 903, 910, 880 P.2d 1261 (1994).

146. Attempted rape of preteen alone not significantly different from usual conduct associated with statutory rape to justify departure. State v. Zuck, 21 Kan. App. 2d 597, 600, 904 P.2d 1005 (1995).

147. KDOC use of all records available in making retroactivity determination does not violate offenders' rights to due process. Farris v. McKune, 259 Kan. 181, 183, 911 P.2d 177 (1996).

148. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 784, 922 P.2d 1123 (1996).

149. Sufficient evidence of force or fear presented; victim's testimony may suffice without corroboration. State v. Southard, 261 Kan. 744, 933 P.2d 730 (1997).

150. Rape is a general criminal intent crime; specific intent instruction not required. State v. Plunkett, 261 Kan. 1024, 1030, 934 P.2d 113 (1997).

151. Aggravated indecent liberties with a child is a lesser included offense of rape. State v. Burns, 23 Kan. App. 2d 352, 359, 931 P.2d 1258 (1997).

152. Failure to instruct on general criminal intent not clearly erroneous. State v. Isley, 262 Kan. 281, 291, 936 P.2d 275 (1997).

153. Erroneous admission of statements by juvenile suspect constituted reversible error. In re B.M.B., 264 Kan. 417, 434, 955 P.2d 1302 (1998).

154. Noted in dissent's assertion that jury instruction on palliative care should have been given in murder trial of physician. State v. Naramore, 25 Kan. App. 2d 302, 325, 965 P.2d 211 (1998).

155. Multiple rape convictions involving same victim and defendant in same apartment held not to be duplicitous. State v. Long, 26 Kan. App. 2d 644, 993 P.2d 1237 (1999).

156. Aggravated indecent liberties with a child is not a lesser included offense of rape. Decision in State v. Burns, 23 Kan. App. 2d 352, 931, P.2d 1258, is disapproved. State v. Belcher, 269 Kan. 2, 4 P.3d 1137 (2000).

157. In case of first impression, evidence was sufficient to support conviction for rape because victim was incapable of giving consent because of the effect of alcohol. State v. Chaney, 269 Kan. 10, 5 P.3d 492 (2000).

158. Error to instruct on rape due to lack of capacity when victim clearly understands nature of offense and did not consent. State v. Ice, 27 Kan. App. 2d 1, 997 P.2d 737 (2000).

159. Convictions for rape, aggravated indecent liberties with a child and aggravated indecent solicitation of a child are affirmed; charges are not multiplicitous. State v. Hill, 28 Kan. App. 2d 28, 11 P.3d 506 (2000).

160. Not all elements of aggravated indecent liberties are included in elements of rape. State v. Hill, 271 Kan. 929, 26 P.3d 1267 (2001).

161. Aggravated incest cannot be considered a lesser included offense of rape or indecent liberties with a child. Beem v. McKune, 278 F.3d 1108, 1109 (2002).

162. Absent objection at trial, no error for court to hold hearing as to voluntariness of confession simultaneously with trial. State v. Blackshire, 29 Kan. App. 2d 493, 28 P.3d 440 (2001).

163. Aggravated indecent liberties with a child is not a lesser included offense of rape. State v. Clubb, 31 Kan. App. 2d 278, 62 P.3d 667 (2003).

164. Rape conviction affirmed; term "incapable of giving consent" does not need to be defined by instruction. State v. Requena, 30 Kan. App. 2d 200, 41 P.3d 862 (2001).

165. Reversable error to allow unqualified person to testify as expert witness on rape trauma syndrome. State v. Villanueva, 274 Kan. 20, 49 P.3d 481 (2002).

166. No compelling reason to require a rape victim to undergo psychiatric evaluation. State v. McIntosh, 274 Kan. 939, 58 P.3d 716 (2002).

167. No abuse of discretion in denying defendant's motion for psychiatric examination of rape victim. State v. Shoptaw, 30 Kan. App. 2d 1059, 56 P.3d 303 (2002).

168. Participant in sexual intercourse may withdraw consent after penetration has occurred. State v. Bunyard, 31 Kan. App. 2d 853, 75 P.3d 750 (2003).

169. Prosecutor's argument was not improper. State v. Elnicki, 32 Kan. App. 2d 266, 80 P.3d 1190 (2003).

170. Conviction reversed for misconduct because of prosecutor's cross examination of defendant. State v. Tosh, 278 Kan. 83, 91 P.3d 1204 (2004).

171. Cumulative errors committed by police interrogator and prosecutor require reversal. State v. Elnicki, 279 Kan. 47, 105 P.3d 1222 (2005).

172. Aggravated battery was part of act of rape of victim and is multiplicitous charge. State v. Neal, 34 Kan. App. 2d 485, 120 P.3d 366 (2005).

173. Jury to determine whether time between withdrawal of consent to sex and interruption of sex is reasonable. State v. Bunyard, 281 Kan. 392, 412, 413, 414, 425, 133 P.3d 14 (2006).

174. Court must conduct an evidentiary hearing under K.S.A. 60-1507 unless case shows conclusively petitioner not entitled to relief. Bellamy v. State, 285 Kan. 346, 357, 172 P.3d 10 (2007).

175. Mentioned; statute of limitation held to have run in cases involving nameless warrant containing DNA references. State v. Belt, 285 Kan. 949, 959, 179 P.3d 443 (2008).

176. Cited; mandatory imprisonment for sex crime, mitigating circumstances insufficient for downward departure sentence. State v. Ortega-Cadelan, 287 Kan. 157, 158, 194 P.3d 1195 (2008).

177. Conviction hereunder reversed; district court abused discretion in denying defense continuance to retain expert. State v. Huntley, 39 Kan. App. 2d 180, 183, 185, 177 P.3d 1001 (2008).

178. Refusal to give instruction on voluntary intoxication defense to rape found erroneous but no reversal required under facts of case. State v. Smith, 39 Kan. App. 2d 204, 206 to 211, 178 P.3d 672 (2008).

179. Cited; K.S.A. 21-3502 and 21-3504 do not violate due process or equal protection clauses. State v. Reed, 40 Kan. App. 2d 269, 270, 278, 279, 191 P.3d 341 (2008).

180. Evidence was sufficient to support a rape conviction intent involving certain sexual crimes and evidence of prior sexual conduct discussed. State v. Prine, 287 Kan. 713, 714, 721, 727, 738, 200 P.3d 1 (2009).

181. Denial of downward departure sentence upheld; principles relating to cruel or unusual punishment discussed. State v. Thomas, 288 Kan. 157, 199 P.3d 1265 (2009).

182. Trial court did not abuse discretion in not granting a downward departure sentence. State v. Spotts, 288 Kan. 650, 206 P.3d 510 (2009).

183. No equal protection violation in not providing DNA testing for intentional second-degree murder. State v. Salas, 289 Kan. 245, 210 P.3d 635 (2009).

184. Conviction hereunder upheld; no constitutionality defective representation by counsel found. State v. Gonzales, 289 Kan. 351, 212 P.3d 215 (2009).

185. When defendant is charged with off-grid severity level of rape under K.S.A. 21-3502(a)(2), age must be proven to jury. State v. Morningstar, 289 Kan. 488, 213 P.3d 1045 (2009).

186. Conviction hereunder upheld but sentencing reversed and remanded for resentencing. State v. Trautloff, 289 Kan. 793, 217 P.3d 15 (2009).

187. Conviction of sex crimes upheld; court discusses principles relating to witness credibility evidence. State v. Penn, 41 Kan. App. 2d 251, 201 P.3d 752 (2009).

188. Conviction hereunder affirmed; alleged errors in admission of testimony and denial in exclusion of documents rejected on appeal. State v. Gaona, 41 Kan. App. 2d 1064, 208 P.3d 308 (2009).

189. Provision discussed and applied; DNA testing denied because it would not produce exculpatory evidence. State v. Lackey, 42 Kan. App. 2d 89, 208 P.3d 793 (2009).

190. Evidence of each means of committing rape, by force or fear or by unconsciousness, was sufficient to uphold a guilty verdict. State v. Wright, 290 Kan. 194, 224 P.3d 1159 (2010).

191. In prosecution for rape of a child under the age of 14, aggravated criminal sodomy and aggravated indecent liberties with a child, trial court's failure to instruct jury that defendant was 18 years of age or older at the time the offenses were committed was harmless, as defendant had testified that he was well over the age of 18 at the time of the charged offenses. State v. Race, 293 Kan. 69, 259 P.3d 707 (2011).

192. Non-pattern jury instruction explaining level of force required for rape was clearly erroneous and unnecessary, as force or fear within definition of rape is a highly subjective concept and instruction could have caused jury to overlook requirement that alleged victim be overcome by force or fear. State v. Tully, 293 Kan. 176, 262 P.3d 314 (2011).

193. A threat to invade a person's privacy or to expose him or her to public ignominy as a means of extracting sexual relations does not constitute rape under the Kansas Criminal Code. State v. Brooks, 46 Kan. App. 2d 601, 265 P.3d 1175 (2011).

194. Trial court's separate, definitional jury instruction on the term "sale" in prosecution for sale of cocaine did not create an alternative means for committing the crime, thus not requiring that substantial evidence support each alternative means. State v. Waldrup, 46 Kan. App. 2d 656, 263 P.3d 867 (2011).

195. "Force or fear" is considered a single, unified means of committing rape. Wright v. State, 48 Kan. App. 2d 593, 294 P.3d 1201 (2013).

196. Rape is not an alternative means crime. State v. Florentin, 297 Kan. 594, 303 P.3d 263 (2013).

197. Convictions for rape and attempted rape arose from the same course of conduct and thus was multiplicitious in violation of double jeopardy. State v. Weber, 297 Kan. 805, 304 P.3d 1262 (2013).

198. The phrase "force or fear" does not create alternative means of committing rape. State v. Nunez, 298 Kan. 661, 316 P.3d 717 (2014).

199. The term "fear" is subjective; whether a victim is overcome by fear is generally a question of facts. State v. Brooks, 298 Kan. 672, 317 P.3d 54 (2014).

200. A person may be convicted of rape if consent is withdrawn after the initial penetration but intercourse is continued by the use of force or fear; defendant is not entitled to a "reasonable time" to discontinue intercourse. State v. Flynn, 299 Kan. 1052, 1066, 329 P.3d 429 (2014).

201. The class of offenders sentenced under Jessica's Law for aggravated indecent liberties with a child under the age of 14, are similarly situated to offenders sentenced for rape or aggravated criminal sodomy and serving hard 25 life sentences. State v. Kelsey, 51 Kan. App. 2d 819, 827, 356 P.3d 414 (2015).


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