Attorneys say some Kansas sex-crime laws are unconstitutional because they don’t require criminal intent

[Jim Burton]

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Attorneys with the Douglas County Public Defender’s Office are seeking a new trial for a man who was convicted of rape last fall. In their supporting motion, they are asking a judge to find that some of Kansas’ rape and sodomy statutes are unconstitutional because they allow for conviction without proof of criminal intent and also fail to define “consent.”

The case involves 33-year-old defendant Miquel Brown, who had sexual relations with an 18-year-old on his living room sofa in October of 2024. Brown told police that the activity was consensual, but the woman said that it was not.

At trial she told a jury that she never said no to the sexual activity, which began with Brown massaging her lower legs and progressed to sexual touching. She said that Brown never pressured or threatened her or used any kind of force; that she never asked him to stop; and that she never tried to leave; rather, she told jurors that she felt overcome by fear.