Anyone facing sex crime charges is in a precarious legal position, as a conviction can result in imprisonment and other very negative consequences. Rape is one of the crimes that falls into the sex crimes category.
Rape usually is defined as sexual intercourse that is non-consensual. It can involve duress, force or threat of being injured. At one point, the common law definition of rape specified it had to be between a man and woman not married to him. For it to be a rape, penetration must be proven to have occurred.
But times and the laws have changed; almost every state has amended their definitions to include marital rape. Other changes include making force and gender irrelevant to be charged with this crime. The most crucial element remains the lack of consent of the alleged victim, which might include an inability to refuse due to inebriation or other reasons.
Because some rapes that are reported allegedly happen between parties who already had pre-existing relationships with one another, as in the cases of alleged spousal or date rapes, it can come down to a “he said, she said” situation. The intimate nature of sexual intercourse usually precludes eye-witness testimony.
Charges of statutory rape are levied when an adult has sex with a minor who has not yet reached the “age of consent.” What this means is that even if the alleged victim readily agreed to the sex act, he or she was not legally able to render consent, and it is considered to be a form of rape.
Those facing felony charges of sexual assault of any type in Kentucky should launch a strong defense against the allegations immediately for the best chance of a good outcome.
Source: Findlaw, “Rape,” accessed April 22, 2016