Statutory Rape

PDF Print E-mail

defending statutory rape in ohio and kentuckyHaving sexual intercourse with an individual below the legal age of consent is called statutory rape and is punishable by law. The legal age of consent is sixteen (16) in both Ohio and Kentucky. The minimum age of consent is sixteen (16) in Kentucky whereas Ohio's is thirteen (13).

What is the difference? The legal age of consent is the age at which an individual can "legally" consent to sexual intercourse under any circumstances. The minimum age of consent is the age below which an individual cannot consent to sexual intercourse under any circumstances.

Kentucky Law on Statutory Rape

In Kentucky, Statutory Rape is not the actual legal term. Rather, it is referred to as Rape in either the first, second, or third degree depending on the circumstances.

A person is guilty of rape in the first degree when he engages in sexual intercourse with another person who is incapable of consent because he is less than twelve (12) years old. It is a Class A felony punishable by twenty (20) to fifty (50) years in prison.

A person is guilty of rape in the second degree if he is eighteen (18) years old or more and engages in sexual intercourse with another person less than fourteen (14) years old. It is a Class C felony punishable by five (5) to ten (10) years in prison.

A person is guilty of rape in the third degree if he is twenty-one (21) years old or more and he engages in sexual intercourse with:

(a) another person less than sixteen (16) years old or;

(b) another person less than eighteen (18) years old for whom he is providing a foster family home, or;

(c) another person less than sixteen (16) years old if he is in a position of authority or position of special trust and comes into contact with the minor as a result of that position

Rape in the third degree is a Class D felony and punishable by one (1) to five (5) years in prison.

Ohio Law on Statutory Rape

Ohio Law does not legally refer to Statutory Rape, but instead has provisions for it under two separate codes:

Rape

No person shall engage in sexual conduct with another person who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, and is less than thirteen years of age, whether or not the offender knows the age of the other person. It is a felony in the first degree punishable by not less than five (5) years to life in prison depending on the circumstances.

Unlawful Sexual Conduct With Minor

No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard. It is a felony of the fourth degree and punishable by six (6) to eighteen (180 months in prison. If the offender is less that four years older than the victim, a $1,000 fine is instead imposed, or if the offender is 10 or more years older than the victim, the sentence is one (1) to five (5) years in prison.

Defense for Statutory Rape

A statutory rape conviction can result in severe penalties such as prison time and lifetime registration as a sex offender. As in all rape charges, it is a serious matter. It can be reported by any person, not just the alleged victim. In fact, these charges are made by the parents most often. Even if the victim claims that sexual contact was consensual, prosecutors will pursue these charges more often than not.

The accused may not have known that the alleged victim was under age, or the age may have been misrepresented to him. In either case, charges can still be filed.

With so much at stake, you need an experienced attorney who specializes in the defense of sexual offenses, especially statutory rape charges.

Defending Crimes Against Minors

wrongly accused of statutory rape in ohio and kentuckyIn light of the fact that statutory rape charges are highly unacceptable to the public, prosecutors are under extreme pressure to pursue and convict those charged with this type of sex crime. Prosecutors may even coax the testimony of a minor in such a way that it exaggerates their case against you. Jurors may also lower their standards requiring much less proof of guilt than with any other type of crime.

If you are facing statutory rape charges, it is crucial to have legal representation with specialized expertise in defending those accused of crimes against minors



Add this page to your favorite Social Bookmarking website:
AddThis Social Bookmark Button
 
Copyright © 2014 Defending Your Case. All Rights Reserved.
Joomla! is Free Software released under the GNU/GPL License.