Kentucky Rape and Sexual Assault Attorney

Defense for Rape, Statutory Rape, Date Rape & Sexual Assault

Unwanted sex acts are generally regarded as rape. However, these criminal offenses are also commonly referred to as “sexual abuse” or “sexual assault.” A wide range of activities may be included under these definitions. Statutory rape, for instance, is sexual activity with a person under the legal age of consent. Date rape is a nonlegal term for forcible sexual activity between people who know one another which occurs during a social engagement. 

Regardless of the circumstances, there are serious penalties for individuals found guilty of these sex crimes. Prosecutors and the police focus on sexual offenses, so if you or someone you know is accused of or arrested for a sex crime, be proactive and contact William M. Butler Jr., a seasoned rape defense attorney in Kentucky, as soon as possible. He is an experienced criminal defense attorney, with over 35 years of experience who has skillfully defended thousands of clients and has compiled an impressive record of positive results.

For immediate assistance, call (502) 237-0871, or contact him via email or text to schedule a confidential assessment of your case.

Understanding Rape & Sexual Assault Charges in Kentucky

Sexual Assault/Rape

Sexual assault is often considered forcible rape, but that is only one type of such an assault. Sexual assault in most states includes any type of unwanted physical contact with a sexual organ and may include aggressive, sexually suggestive statements. Sexual assault may also occur between persons of the same gender. 

The force used and the harm suffered may determine what crime is charged, as well as the penalties upon conviction. Under many states’ laws, the penalties for sexual assault are severe and may include incarceration, significant fines, psychiatric treatment, and paying restitution to the victim. In addition, a person convicted of sexual assault may be required to register as a sex offender, possibly for the rest of his or her life.

Under Kentucky law, rape is classified into three degrees:

• Rape in the First Degree occurs when a person engages in sexual intercourse with another by forcible compulsion or when the alleged victim is physically helpless or under 12 years old.
• Rape in the Second Degree involves sexual intercourse with someone who is mentally incapacitated or less than 14 years old when the accused is over 18.
• Rape in the Third Degree typically involves a person over 21 engaging in sex with someone under 16 but older than 12.

You must not delay in hiring a knowledgeable rape defense lawyer in Kentucky to interview prosecution witnesses, show alternative photographic line-ups, protect you during a live line-up, and interview possible alibi witnesses.

Date Rape

Date rape is commonly defined as forcible sexual contact during a voluntary social engagement in which a person does not intend to engage in sexual activities and resists the contact. The fact that the engagement was voluntary and the parties were acquainted is not a defense. Nor is previous sexual contact between the parties a defense to date rape charges. The victim does not necessarily have to reject the advance or physically object to demonstrate a lack of consent. 

Although laws vary by state, usually, a victim intoxicated by alcohol or drugs is incapable of giving legal consent. Additionally, date-rape drugs have become more common in the past decade. Some of the most frequently used drugs are Rohypnol (“roofies”), gamma-hydroxybutyrate (GHB), and ketamine. Use of drugs makes an individual unable to give consent, lose consciousness, and may even cause death. Date rape may be the most common form of rape that occurs, but it is also the most commonly unreported type of sexual assault.

Statutory Rape

Statutory rape depends on the ages of the participants. Even if consent is given, the law states that people under the age of consent are legally unable to consent; therefore, the legal effect is the same as if no consent had been given. The age of consent ranges from fourteen to eighteen, sixteen being the most common age. Many states do not actually use the term “statutory rape,” but use terms such as “rape,” “unlawful sexual penetration,” “felonious sexual assault” or “unlawful sexual contact.” 

Some states also consider the age difference between the two people, as well as their individual ages. State laws may change the age of consent or the penalty for sexual relations involving a person of authority, such as a teacher or a coach. The alleged victim or his or her parents often participate in bringing statutory rape charges, but often the state can bring charges, even against the protest of both the underage person and his or her parents. The punishment for statutory rape can be severe, followed by a stigma that follows the offender for the rest of his or her life.

What Must the Prosecutor Prove?

To secure a conviction, the prosecution must prove each element of the offense beyond a reasonable doubt. These may include:

• Lack of consent
• Use of force, threats, or coercion
• Victim’s age (in statutory cases)
• The accused’s identity
• Mental or physical incapacity of the victim

A Kentucky rape and sexual assault lawyer focuses on dissecting these elements and exposing weaknesses in the prosecution’s case. Issues like false allegations, misidentification, or misunderstandings regarding consent can dramatically impact the outcome.

What are the Penalties for Rape and Sexual Assault Convictions in Kentucky?

The consequences of a sexual offense conviction are life-changing. Sentencing depends on the severity of the charge and the defendant’s criminal history.

• First-degree rape or sodomy: Class A felony, 20–50 years or life in prison
• Second-degree rape: Class C felony, 5–10 years in prison
• Third-degree rape: Class D felony, 1–5 years in prison
• Sexual abuse in the first degree: Class D felony
• Sex offender registration: 20 years to life, depending on offense

Beyond prison time, collateral consequences include permanent placement on the sex offender registry, loss of professional licenses, restrictions on housing and employment, loss of child custody or visitation rights, and immigration consequences for non-citizens.

An experienced Kentucky rape and sexual assault attorney works not only to avoid a conviction but also to minimize the collateral fallout of any charge.