Were you arrested on suspicion of engaging in sexual activity with a minor in Lexington, Kentucky? If so, you would be prudent to begin taking steps to make it as challenging as you can for the prosecutor to convict you and put you behind bars. To get started, all you need to do is contact a skilled Lexington statutory rape lawyer from Oakley & Oakley, LLC.
Why You Should Hire Oakley & Oakley, LLC
Statutory rape is a serious criminal charge. You need to defend yourself aggressively, and it helps to have an experienced Lexington criminal attorney from Oakley & Oakley, LLC in your corner. When you turn to us for help with your statutory rape defense, you can expect our team to:
- Stand up for your rights as a resident of the United States
- Launch an independent investigation into your arrest
- Fight tirelessly to try to bond you out of police custody
- Consult with experts about the nuances of your sex offense
- Look for evidentiary materials that might help your criminal case
- Provide you with honest answers to all of your legal questions
- Offer you sound advice and guidance throughout your case
- Take care of the administrative side of your statutory rape case
- Help you understand how the Kentucky justice system operates
- Research and devise a customized defense strategy for your case
- Work out a plea bargain agreement with the prosecuting attorney
- Argue on your behalf in court, if necessary
Please reach out to us today to arrange a free consultation at our Lexington law offices. We understand what it takes to produce favorable verdicts in cases like yours, and we are ready to do battle for you.
Understanding Statutory Rape Laws in Kentucky
There is a variety of entries in the Kentucky Revised Statutes that make it illegal for adults to engage in sexual conduct with minors, such as:
Rape in the First Degree
Section 510.040 of the Kentucky Revised Statutes explains that it is illegal for an individual to engage in sexual intercourse with a person who cannot consent because they are less than 12 years old.
Individuals who violate this law are guilty of rape in the first degree.
In Kentucky, this criminal offense is a Class A felony.
Rape in the Second Degree
Section 510.050 of the Kentucky Revised Statutes explains that it is illegal for an adult who is at least 18 years of age to engage in sexual intercourse with a person who is younger than 14 years old.
When police officers in Kentucky catch people violating this law, they may charge them with rape in the second degree – a Class C felony.
Rape in the Third Degree
Section 510.060 of the Kentucky Revised Statutes explains that it is illegal for an individual to engage in sexual intercourse with a person when:
- The victim is less than 16 years old, and they are at least 21
- The victim is 16 or 17, and they are at least ten years their senior
- The victim is less than 18 years old, and they are their foster parent
- The victim is less than 18 years old, and they are in a position of authority over them
Individuals who violate this statute are guilty of rape in the third degree.
Kentucky courts almost always classify this crime as a Class D felony.
Sexual Abuse in the First Degree
Section 510.110 of the Kentucky Revised Statutes explains that it is illegal for an adult to engage in sexual contact with a person who does not have the ability to consent because they are less than 12 years old.
This statute also says that it is unlawful for an individual who is at least 21 years of age to:
- Subject a person who is less than 16 years old to sexual contact
- Engage in masturbation in the presence of a person who is less than 16 years old
- Engage in masturbation over the internet or phone with a person who is less than 16 years old
Law enforcement officers can charge people who violate a portion of this statute with sexual abuse in the first degree.
Prosecutors in the state of Kentucky almost always punish this offense as a Class C or Class D felony.
Sexual Abuse in the Second Degree
Section 510.120 of the Kentucky Revised Statutes explains that it is illegal for an individual who is between the ages of 18 and 21 to subject a person who is less than 16 years of age to sexual contact.
Lexington residents who violate this Kentucky statute are guilty of sexual abuse in the second degree – a Class A misdemeanor.
Indecent Exposure in the First Degree
Section 510.148 of the Kentucky Revised Statutes explains that it is illegal for an individual to expose their genitals in a situation that will likely cause alarm to a person who is less than 18 years old.
When police officers catch Kentuckians violating this law, they can charge them with indecent exposure in the first degree.
Courts usually classify this criminal offense as a Class B misdemeanor.
The knowledgeable lawyers at Oakley & Oakley, LLC, are well versed in all aspects of Kentucky criminal law. So, if a law enforcement officer arrested you on a rape charge, please give us a call today. We might be able to use our legal skills to help you get your case dismissed.
Consequences of Statutory Rape Convictions in Kentucky
People who commit statutory rape in the state of Kentucky almost always face three types of negative consequences to their actions. They are:
When courts convict Lexington residents of statutory rape, they generally send them to jail or prison and hand them a hefty fine. The specific nature of an individual’s punishment depends on the severity of their crime:
- Class A Felonies: Between 20 and 50 years in prison as well as a fine of between $1,000 and $10,000
- Class B Felonies: Between ten and 20 years in prison as well as a fine of between $1,000 and $10,000
- Class C Felonies: Between five and ten years in prison as well as a fine of between $1,000 and $10,000
- Class D Felonies: Between one and five years in prison as well as a fine of between $1,000 and $10,000
- Class A Misdemeanors: Between 90 days and 12 months in county jail as well as a fine of up to $500
- Class B Misdemeanors: As long as 90 days in county jail as well as a fine of up to $250
People with lengthy criminal histories usually receive a much more severe minimum sentence than first-time offenders.
The criminal records Lexington residents receive when courts in Kentucky convict them of statutory rape can cause them to endure a wide range of collateral consequences, such as:
- Trouble landing a suitable job
- Issues with renewing their professional licenses
- Difficulty finding somewhere to live
- Trouble renewing their Green Cards
- Challenges obtaining student loans
- Loss of gun ownership rights
Most convicts deal with these consequences for the rest of their lives.
Sex Offender Registration
If you’re convicted of a sex crime in Lexington – including statutory rape – you may be required to register as a sex offender.
In Kentucky, some offenders may remove their names from the registry after 20 years. Others must continue to register for the rest of their lives.
For as long as a person remains on the sex offender registry, they have to adhere to restrictions and regulations like:
- Not being able to work with kids
- Not being allowed to live in the vicinity of a school
- Having the police monitor their computer use
- Having to undergo regular drug and alcohol testing
Kentucky has criminalized sexual conduct with individuals who are under the age of consent. If you’re charged and convicted of a crime, the consequences can affect nearly every aspect of your life for years to come. If you like to have an experienced Lexington criminal defense attorney from Oakley & Oakley, LLC, help you attempt to avoid the negative consequences of a statutory rape conviction, please give us a call today to schedule a free consultation at our law firm. We have years of experience in the industry, and we are ready to work tirelessly on your behalf.
Defenses Against Kentucky Statutory Rape Charges
Statutory rape charges do not have to become statutory rape convictions. Lexington, KY residents can often get their cases dismissed by:
- Proving that they were in another location at the time the crime happened
- Claiming that the police violated their constitutional rights during their investigation, or
- Arguing that the prosecution does not have enough evidence to prove their guilt
The attorneys at Oakley & Oakley, LLC, have been assisting the residents of Lexington with legal issues of this nature for many years. We know how to select the right defense strategy for just about any case. If you would like to have us review your case and point you in the right direction, all you have to do is pick up the phone and give us a call.
A Lexington Statutory Rape Lawyer You Can Count On
When you need a Lexington statutory rape lawyer to defend you against the allegations of the state of Kentucky, there is only one firm you ought to call – Oakley & Oakley, LLC. We have the industry experience and statutory knowledge required to handle even the most complex cases. Get in touch with us today to learn more about our legal services.
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