Kentucky Sexual Battery Laws

Sexual Battery in Kentucky refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Kentucky, sexual battery is covered by the state’s Sexual Abuse statutes.

• 1st degree sexual abuse:
  • (a) subjects another to sexual contact by forcible compulsion;
  • (b subjects another to sexual contact who is incapable of consent because he or she is physically helpless, less than 12 years old or mentally incapacitated;
  • (c) Being 21 years old or more,
    • 1) Subjects another who is less than 16 to sexual contact
    • 2) Engages in masturbation in the presence of another who is less than 16 and knows or has reason to know the other person is present
    • 3) Engages in masturbation while using the Internet/Online, telephone, or other electronic communication device while communicating with a minor who the person knows is less than 16 years old, and the minor can see or hear the person masturbate
• 3rd Degree Sexual abuse: subjecting another person to sexual contact without consent.

Penalties for Sexual Battery in Kentucky 

The penalty for sexual battery in Kentucky depend on the charges and circumstances included.

• 1st degree Sexual Abuse: Class D Felony (1-5 years in prison) or a Class C Felony if victim is less than 12 years old (5-10 years in prison)
• 3rd Degree Sexual abuse: Class B Misdemeanor, up to 90 days in jail

Defense of a Sexual Battery in Kentucky 

The list of defenses for Sexual battery in Kentucky here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Kentucky  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.