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Do the husband and wife both have to live in Kentucky to get a divorce here? Either you or your spouse must be a resident of Kentucky for six months, or days, before you file for divorce, and be a resident of the county in which you are filing before you can file for divorce. How long do the husband and wife have to be separated before they can get a divorce? You may file for divorce at any time, but you and your spouse must be separated for at least 60 days before the final divorce decree can be entered.

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By Ave Mince-Didier. In Kentucky, the crime of statutory rape is committed by engaging in sexual intercourse with under 16 years old the age of consent. It is also illegal to engage in other sexual activity with under age 16 or for a person in a position of trust or authority over to engage in sexual contact with a 16 or year-old. And as of Julyit is illegal for a 16 or year-old to engage in sexual conduct with anyone who is ten or more years older.

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In Kentucky, the crime of statutory rape often falls under the state's rape and sodomy laws. For statutory rape, the child's age is the determinative fact. It does not matter if the child agreed to or even initiated the conduct. People who commit sex acts against others without their consent can also be convicted of sexual battery or assault, no matter what the age of the victim.

In Kentucky, rape is typically a felony and is categorized by degree of seriousness. Rape in the first degree.

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Under Kentucky's laws, a person of any age commits the crime of first degree rape by engaging in sexual intercourse any sexual penetration, however slight with under the age of Rape in the second degree. A person who is 18 years old or older commits second degree rape by engaging in sexual intercourse with under the age of For example, a year-old man who has sex with a year old girl could be convicted of second degree rape.

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Rape in the third degree. Finally, a person in Kentucky commits third degree rape by engaging in sexual intercourse when the other person is:. For example, an adult coach who has sex with a year-old student athlete could be convicted of third degree rape. Kentucky's laws against sodomy oral and anal sex and sexual abuse sexual contact or fondling are organized similarly to its laws against rape.

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Generally, the younger the victim and the older the defendant, the more severely the crime can be punished. For example, a man who has sexual intercourse with a boy could be convicted of sodomy. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. In most states, it is not a defense to statutory rape that the defendant thought the child was over the age of consent. However, in Kentucky, the defendant may raise as a defense to a charge of statutory rape or a similar crime against under the age of 16 or 16 or 17, if the defendant was at least ten years older that the defendant did not know that the child was underage.

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It is up to the finder of fact the jury or the judge, if there is no jury to decide whether to believe a defendant's claim that he or she was unaware that the child was underage. It is also a defense to statutory rape, sodomy, or sexual abuse that the defendant and the child are married at the time of the offense. This defense is part of the marital rape exemption. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions protect young people from criminal charges for engaging in consensual sex with other people close to their own age.

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Kentucky's laws against second and third degree rape do not criminalize sexual activity with children over the age of 12 but under the age of 16 if the defendant is close in age to the. For example, a year-old who has sex with a year-old could not be prosecuted for second degree rape and, in order to be convicted of third degree rape of a 14 or year-old, the defendant must be 21 years old or older. Kentucky's sodomy and sexual abuse laws function similarly. However, any sexual contact with younger than 12 is a very serious crime in Kentucky.

And, as of Julyintercourse and sodomy between a 16 or year-old and a person who is at least ten years older are felonies under Kentucky law.

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A conviction for any of these offenses can result in ificant prison time, large fines, or both see below for more on potential punishments. In most cases, statutory rape is a felony in Kentucky.

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People who are convicted of sex crimes against minors are required to register as sex offenders in Kentucky unless the defendant is under the age of 18 at the time of the offense. A conviction for statutory rape or a similar crime can have very serious consequences, including time in prison or jail and sex offender registration.

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If you are charged with a crime as a result of sexual activity with a person under the age of consent, you should talk to a Kentucky criminal defense attorney. An attorney can tell you what to expect in court, based on the law and the facts of your case, and help you prepare the strongest possible defense.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

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Market Your Law Firm. Lawyer Directory. Call us at 1 Issue: search. Kentucky Statutory Rape Laws.

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Statutes governing Kentucky's age of consent, associated criminal charges, available defenses, and penalties for conviction. Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The law is complex and changes regularly. Kentucky's Rape Laws In Kentucky, rape is typically a felony and is categorized by degree of seriousness.

Finally, a person in Kentucky 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 old 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 old 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 .

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Kentucky's Sodomy and Sexual Abuse Laws Kentucky's laws against sodomy oral and anal sex and sexual abuse sexual contact or fondling are organized similarly to its laws against rape. Possible Defenses in Statutory Rape Cases Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur.

Mistake as to the Child's Age In most states, it is not a defense to statutory rape that the defendant thought the child was over the age of consent.

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Marriage It is also a defense to statutory rape, sodomy, or sexual abuse that the defendant and the child are married at the time of the offense. When Both Parties Are Minors: The Romeo and Juliet Exception Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions protect young people from criminal charges for engaging in consensual sex with other people close to their own age. Sex Offender Registration People who are convicted of sex crimes against minors are required to register as sex offenders in Kentucky unless the defendant is under the age of 18 at the time of the offense.

Getting Legal Help A conviction for statutory rape or a similar crime can have very serious consequences, including time in prison or jail and sex offender registration.

Kentucky's rape laws

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