Kansas lawmaker wonders if marriage involves ‘implied consent’ for sexual battery

Kansas Rep. Mark Samsel cautioned his colleagues Thursday in a speech on the House floor about the dangers of criminalizing “a routine act” between a husband and wife.

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February 12, 2021 - 1:32 PM

TOPEKA — Kansas Rep. Mark Samsel cautioned his colleagues Thursday in a speech on the House floor about the dangers of criminalizing “a routine act” between a husband and wife.

Current Kansas law shields spouses from prosecution for sexual battery. House Bill 2120 would make it a crime for one spouse to touch the other with the intent to arouse sexual desires without consent.

“To me, it gets to what does the sanctity of marriage mean?” Samsel said. “And I’m single, so I’m not the best person to speak to this. But when you do get married, what does that mean? And what implied consent are you giving?”

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