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Legal Information: Kansas

Restraining Orders

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April 8, 2020

What is the legal definition of sexual assault in Kansas?

For the purpose of getting a protection from stalking, sexual assault, or human trafficking order, “sexual assault” means:

  • a sexual act that was done to someone without his/her consent;
  • an attempted sexual act that was committed using force, the threat of force, or duress (pressure and coercion); or
  • an attempted sexual act that was committed against someone who was incapable of giving consent.1

Note: The perpetrator does not have to be arrested or charged with sexual assault in order for you to apply for this protection order but you must allege that the person committed an act that would be considered sexual assault.2

1 Kan. Stat. § 60-31a02(c)
2 See generally Kan. Stat. §§ 60–31a01; 60–31a05