TOPEKA – (February 11, 2019) – Legislation requested today by Kansas Attorney General Derek Schmidt would prevent state judges from lowering prison sentences for adult sex offenders because a child victim was an “aggressor” who contributed to the crime. Current law allows judges to reduce the length of prison sentences – or “depart” downward from statutory sentence guidelines -- by finding that the victim of certain crimes contributed to the criminal conduct by being an “aggressor.” The proposed bill would make that reason for downward departure unavailable in sex crimes when the victim is younger than 14 years and the offender is an adult. It also would make departure unavailable when human trafficking victims are involved regardless of their...
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AG Derek Schmidt: Child victims cannot be “aggressors” responsible for sex crimes committed by adults, change in law needed