Most states have similar definitions of rape and sexual assault. According to Kansas State Legislature Section 21-5503, the crime of rape is to knowingly engage in sexual intercourse with a victim who does not consent under any of the following circumstances:
When overcome by force or fear
When unconscious or physically powerless
When mentally incapable of giving consent
When under 14 years of age
When consent was obtained through fraud or a knowing misrepresentation
Statutory rape is the crime of sexual intercourse with an individual who is under the age of consent – 16 in Kansas. Even if the individual willingly participated in the sexual activity, it is considered rape, as a child who is 15 or younger cannot give his or her consent.