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Sex Crimes

Kentucky’s Rape and Sodomy Laws are categorized by degrees of seriousness. 

Rape

  • Rape 1st Degree | KRS 510.040

    A person of any age of first degree rape by engaging in sexual intercourse (any sexual penetration, however slight) with a child under the age of 12.

  • Rape 2nd Degree | KRS 510.050

    A person who is 18 years or older commits second degree rape by engaging in sexual intercourse with a child under the age of 14.  

  • Rape 3rd Degree | KRS 510.060

     A person commits third degree rape by engaging in sexual intercourse when the other person is:


    • Under the age of 16 and the defendant is 21 years or older,
    • Age 16 or 17 and the defendant is at least ten years older than the victim
    • Under the age of 18 and the defendant is 21 years or older and is the victim’s foster parent, or 
    • Under the age of 18 and the defendant is in a position of authority or trust over the child.

Sodomy and Sexual Abuse

Sexual abuse is sexual contact or fondling, sodomy is oral or anal sex and is categorized similarly to Rape (above). 

 

Any of these charges can result in Sex Offender Registration, which falls into two categories: Registry for Life, or Registry for 20 years. A sex crime is not eligible for expungement.

 

Possible defenses include:


Mistake as to the person’s age, marriage, and when both parties are minors and close in age (The Romeo and Juliet Exception).

Statutory Rape

The age of consent in Kentucky is 16 years old. But it is illegal to engage in sexual activity with someone aged 16 or 17, if you’re in a position of trust or authority – such as a coach, teacher, or group leader. It is also illegal for someone aged 16 or 17 to engage in sexual conduct with someone younger, as well. 

 

Rape is divided into three categories: Rape 1st, 2nd, and 3rd Degree, with the 1st Degree being most serious. 

 

Possible defenses include:


Mistake as to the person’s age, marriage, and when both parties are minors and close in age (The Romeo and Juliet Exception)

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