Domestic Violence
Kansas law defines domestic violence crimes as crimes between those in a dating relationship or family or household members. A dating relationship is defined as a social relationship of a romantic nature. Family or household members include persons 18 years or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons presently residing together or who have, regardless of whether they have been married or have lived together at any time. Individuals who have children together are also considered family or household members.
Misdemeanor domestic violence crimes within Leavenworth County are prosecuted in a special Domestic Violence Court that hears cases every Monday at 8:30 am in courtroom 5 in the Justice Center. Police departments from Leavenworth, Lansing, Basehor, Tonganoxie, and the Leavenworth Sheriff’s Department, refer cases involving domestic violence to the County Attorney to prosecute. Misdemeanor offenses include
assault, battery, criminal damage to property, violation of a protective order, criminal restraint, or 1st offense stalking.
Felony crimes of domestic violence are prosecuted in District Court. Felonies include aggravated assault, aggravated battery, criminal threat, repeat offense stalking, or kidnapping.
The goal of the County Attorney is to impose a combination of incarceration, fines, monitored probation, batterer intervention programs, mental health treatment, or substance abuse treatment to deter future incidents of domestic violence.
As part of the investigation and prosecution of a case, a victim/witness specialist from the County Attorney’s office meets with victims of such crimes within 2-3 days following an incident. That meeting is to ensure that victims are advised of the court proceedings that will follow, as well as what services are available in Leavenworth County for victims of domestic violence.
Sexual Assault
Sexual assault involves any sexual activity to which the victim does not consent. Most sex offenses are felonies and are punishable by imprisonment with the Kansas Department of Corrections.
When a rape or other sexual assault call comes into any of the police or sheriff’s departments, a protocol for investigating and collecting evidence goes into effect. If necessary, a Police Response Advocate (PRA) will contact a Sexual Assault Nurse Examiner (SANE) to make arrangements to open the Sexual Assault Center to conduct a sexual assault examination. The evidence obtained from that examination is provided to the County Attorney’s office to aid in prosecuting the case.
The goal of a sexual assault prosecution is to remove a dangerous individual from the community and to ensure that the victim maintains dignity and a sense of security following a traumatic incident.
