Sexual Assault Case
...l intercourse with him. Smith acted by committing sexual intercourse with the 14 year old girl. The harm was Smith had illegal sexual relations with a minor. But for Smith offering the girl alcohol and persuading her to enter the alley the sexual acts would not have occurred. Sexual intercourse between an adult and a child is a natural and probable consequence of consuming alcohol and being persuaded into an alley. There was no intent shown in the article that would lead a person to believe he intended to have sex with the girl. Giving alcohol to a minor and hanging out after curfew with her when she has snuck out is reckless behavior on Smith’s part. His act did concur with his intent (reckless) to engage in some kind of interaction with the girl. Smith is charged with one count of sexual assault which in Kansas transfers to Aggravated Indecent Liberties with a Child (K.S.A 21-3504 (a)(1)). Aggravated Indecent Liberties with a Child by definition is having sexual intercourse with a child who is 14 or more years of age but less than 16. After reviewing this crime, I was able to identify the factual elements contained within the Statute of Aggravated Indecent Liberties with a Child (K.S.A 21-3504 (a) (1)) to prove this is the crime committed. The only defense in the statutes for this crime is that the child was married to the accused at the time of the offense. This defense does not apply to this situation. The only other statutory crime that is even close to this crime is rape (K.S.A 21-3502 (a) (1) (C)) which states that sexual intercourse was performed without consent or under the following cir...