Have you been charged with a sex crime in Lexington? Oakley & Oakley, LLC is committed to giving every client a vigorous legal defense. Call our Lexington sex crimes lawyer today at (859) 254-4035 and schedule a free, no-obligation consultation.
Sexual offenses don’t just come with stiff penalties under Kentucky law; you also face a heavy social stigma. If convicted, you can lose not only your freedom but be forced to register as a sex offender. Contact our Fayette County law office today to fight the charges you are facing.
How Oakley & Oakley, LLC Can Help When You Are Facing Lexington Sex Crime Charges
Few crimes carry the stigma of sex crimes. When you are facing allegations of statutory rape, sexual abuse, or child pornography, your reputation can be damaged and you can face consequences in your daily life, even without being convicted. If convicted, you can lose your freedom for years and even lose many rights after release through mandatory sex offender registration which may last for life.
You are innocent until proven guilty, but it may not feel that way when facing sex crime charges. The prosecution will be aggressive in pursuing a conviction. When you are facing serious sex crime charges, it’s crucial to have an experienced Lexington criminal defense attorney on your side to protect your rights and serve as an advocate.
Oakley & Oakley, LLC has more than 15 years of experience representing Lexington residents against a wide range of sex crime charges.
Our Lexington sex crimes defense lawyers will aggressively work to defend your rights and help you build the strongest possible defense against the charges you are facing.
When you choose Oakley & Oakley, LLC to represent you, you can count on our Lexington criminal lawyers to:
- Gather evidence to strengthen your defense
- Find weaknesses in the prosecution’s case
- Protect your Constitutional rights against unreasonable search and seizure and self-incrimination
- Negotiate with the prosecutor to fight to have your charges dismissed or reduced or work out a satisfactory plea deal
- Represent you in court and present your case before a jury
You do not have to face these charges alone. Contact our law firm today to request a free case review with an experienced Lexington sex crime lawyer to begin building your defense.
Common Sexual Offenses in Lexington
There are many sex-related crimes under Kentucky law. These offenses range from rape, sexual assault, and child pornography to sodomy and incest. Depending on the crime, victim’s age, and prior criminal record, a sex crime may be a misdemeanor or a felony.
Sexual abuse in Kentucky refers to actions other than sodomy and rape. There are three degrees of sexual abuse:
- First-degree sexual abuse occurs when someone forces sexual contact on another person. This crime is charged when the victim is under 12, mentally incapacitated, physically helpless, or has an intellectual disability. It may also be charged when someone 21 or older engages in masturbation in the presence of someone 16 or younger or subjects someone under 16 to sexual contact.
- Second-degree sexual abuse occurs when the perpetrator is 18 to 21 years old and the victim is under 16 or the perpetrator is a jailer or employed by the Department of Corrections, Department of Juvenile Detention, or a detention facility.
- Third-degree sexual abuse occurs when someone subjects another to sexual contact without their consent.
Sexual assault may be a Class B misdemeanor, Class A misdemeanor, or a felony, in the case of first-degree sexual abuse. In the first degree, this charge is a Class D felony unless the victim is under 12, in which case it is a Class C felony.
Rape is defined under Kentucky Revised Statutes Chapter 510 under three degrees, all considered felonies.
- First-degree rape happens when someone forces another to engage in sex, or sex with a minor under 12.
- Second-degree rape occurs when someone 18 or older has sex with someone 14 or younger or someone mentally incapacitated.
- Third-degree rape refers to sex with someone who is intellectually disabled or the use of a position of authority.
All forms of rape in Kentucky involve a lack of consent. There are many ways in which a lack of consent may occur. This includes force or incapacity to consent. Someone may be incapable of consenting if they are under 16, between 16 and 17 if the other party is 10 or more years older, physical helplessness, mental incapacitation, inability to understand the nature of the act due to mental illness or disability, or inability to give consent due to intoxication, for example.
Incest refers to sex acts with an ancestor, sibling, aunt or uncle, or descendant by law or blood. Under Kentucky law, incest may be a Class A, B, or C felony.
Sodomy is still illegal under Kentucky law. Sodomy is defined as engaging in “deviate sexual intercourse” or sex acts involving the sex organs of one person and the mouth or anus of another. It can also be defined as penetrating the anus of someone else with a foreign object.
Sodomy is generally charged in connection with sexual abuse or rape. There are four degrees of sodomy in Kentucky although fourth-degree sodomy, or “deviate sexual intercourse” with someone of the same sex, has been ruled unconstitutional.
Internet-Based Sex Crimes
There are a wide range of sex crimes that may be charged for online activities, particularly related to minors. Common internet sex crimes include sale and possession of child pornography, solicitation of sex acts with a minor, and sexting with a minor. Many of these charges are serious felonies.
Penalties for Sex Crimes in Lexington
Sex crimes are taken very seriously, especially when the alleged victim is a minor. If convicted, you face severe penalties including a long prison sentence and sex offender registration. The penalty for a sex crime in Lexington depends on the charge.
Some sex crimes are misdemeanors such as second- and third-degree sexual assault. Others are felonies with the highest possible penalties.
- Class A felonies include production of child pornography involving injury: This is punishable by 20 to 50 years in prison.
- Class B felonies include first-degree rape and producing child pornography with a victim under 16. This is punishable by 10 to 20 years in prison.
- Class C felonies include second-degree rape and first-degree sexual abuse with a victim under 12. This is punishable by 5 to 10 years in prison.
- Class D felonies include third-degree rape, first-degree sexual abuse, and possession of child pornography. This is punishable by up to 3 years in prison.
- Class A misdemeanors include second-degree sexual abuse. This is punishable by 90 days to 12 months in jail.
- Class B misdemeanors include third-degree sexual abuse. This is punishable by up to 30 days in jail.
If you are facing a sex crime charge, it’s crucial to consult with an experienced Lexington sex crime defense lawyer as soon as possible. Your freedom and rights are on the line.
Kentucky Sex Offender Registration
In addition to a jail or prison sentence and fines, being convicted of certain sex offenses requires registering as a sex offender in Lexington. Under the Kentucky Sex Offender Registration Act, anyone over 18 at the time of the offense or a youthful offender who has committed a sex crime or criminal offense against a minor victim must register. Kentucky law also requires registration of people required to register in other states, “sexually violent predators,” and those whose sexual offense has been diverted until the diversionary period is over.
You are required to register for life if you:
- Have one or more prior sexual offense convictions
- Have one or more convictions against a minor victim
- Were convicted of first degree rape or sodomy
- Are classified as a sexually violent criminal
Others who are required to register as a sex offender must do so for 20 years after release.
Registration may also come with many restrictions in daily life including:
- Living arrangements that must be approved with location restrictions.
- Must register within 24 hours after changing living arrangements.
- Work opportunities may need to be approved and certain positions are restricted.
- State-approved counseling may be required.
- Supervised visits may be required with minor children.
- Use of alcohol and drugs can be prohibited.
- Purchase or possession of weapons will be prohibited.
Failing to register or providing misleading or false information can result in a new felony charge.
Contact a Lexington Sex Crimes Lawyer for a Free Consultation
Sex crimes are taken very seriously in Kentucky with stiff penalties for conviction. With your freedom on the line, contact a Lexington sex crimes lawyer at Oakley & Oakley, LLC as soon as possible. We have more than a decade of combined experience to put to work for you. We will aggressively defend your rights and build your defense to fight the charges you are facing.
Contact Oakley & Oakley, LLC for a free consultation with a sex crimes defense lawyer in Lexington to discuss your case.