Defending a Sex Abuse Charge in Kentucky
Being Charged With Sexual Abuse Can Destroy Your Life
Under Kentucky law, the penalty for sex abuse is harsh. Sexual abuse in the first degree is a Class D felony, unless the victim is less than 12-years old, then it becomes a Class C felony. Sex Abuse in the 2nd degree is a Class A misdemeanor. Sex abuse in the 3rd degree is a Class B misdemeanor. A Class C felony is a prison sentence of at least 5 but not more than 10 years. A Class D felony is a prison sentence of at least 1 but not more than 5 years.
Just the allegation that you committed sex abuse can devastate your home, reputation, and career. An aggressive response is crucial to disprove this horrible allegation. To build a successful defense, it is critical to understand how Kentucky defines the charge of Sex Abuse.
What is Sex Abuse Under Kentucky Law?
- Sexual Abuse
- Sexual Contact
- Forcible Compulsion
How Kentucky defines Sexual Abuse
Under KRS 510.110, 510.120, and 510.130, Kentucky establishes three-degrees of sexual abuse. Sexual abuse is a lesser included offense of rape. First degree sexual abuse occurs when the defendant subjects another person to sexual contact: 1) by forcible compulsion; or 2) with one who is incapable of consent because he is either physically helpless or because he is less than 12 years of age.
How Kentucky defines Sexual Contact
Under KRS 510.010(7), Sexual Contact is any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party.
How Kentucky defines Forcible Compulsion
Also under KRS 510.010(2), Forcible compulsion means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any sexual offense. Note, physical resistance on the part of the victim shall not be necessary to meet this definition.