Aid for Women v. Foulston: Kline Opinion

Re: Minors--Kansas Code for Care of Children--Reporting of Certain Abuse or Neglect of Children; Persons Reporting; Injury as a Result of Sexual Abuse

The act of committing a rape of a child injures that child as a matter of law. The long held policy of the State of Kansas is that sexual intercourse, consensual or non-consensual, with a child of a specific age or younger is harmful to the child and that such conduct should be prohibited. This policy is of such weight that the State prescribes strong penalties for violators of this prohibition. This action reflects the State's interest in justice, protecting children, deterring future wrongful conduct and the belief that sexual intercourse, in any fashion, with children is inherently harmful to the child. The State's position is supported by extensive empirical data and the long-term nature of the policy.