Were you recently arrested for sexual assault or battery in Louisville, KY? Sexual assaults are among the most serious crimes in the Commonwealth; it’s important to start planning a strong defense immediately. A Louisville sexual assault/battery attorney at Suhre & Associates, LLC can help you fight to minimize the consequences of your arrest and protect your future.
Collectively, we have over 100 years of experience representing clients in Louisville who have been accused of serious sex crimes. We’ve helped countless clients over the years and are ready to stand up for you.
Call our law offices in Louisville, Kentucky, to schedule a free initial consultation today to discuss your case.
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How Suhre & Associates, LLC Can Help if You Were Arrested for Sexual Assault/Battery in Louisville
Any type of criminal allegation is overwhelming. A sexual assault and battery charge can destroy your life and haunt you for decades to come. If you’ve been arrested or charged, you’ll need an experienced Louisville criminal defense lawyer in your corner.
Kentucky residents have been trusting Suhre & Associates, LLC to protect their interests for decades. We have a proven track record of helping clients get charges dismissed or reduced whenever possible.
When you hire our team, you’ll have a lawyer to handle every aspect of your case, including:
- Launching a full investigation into the circumstances surrounding your arrest
- Identifying any problems with the prosecution’s evidence
- Protecting your constitutional rights
- Helping you understand the implications of a plea deal
- Negotiating with prosecutors to minimize the consequences of your arrest
Are you ready to learn more about how a Louisville criminal defense attorney can make a difference in your case? Fill out our online contact form or call to connect with a Louisville attorney today to learn more about our practice areas.
Overview of Sexual Assault and Battery Laws in Kentucky
Any type of sex offense is a serious matter in Kentucky. The Kentucky laws on sex crimes are found in Kentucky Revised Statutes Chapter 510.
Under Kentucky law, it’s illegal to engage in any type of sexual contact with another person without that person’s consent. Some individuals are deemed incapable of consent. For example, it’s usually illegal to engage in sexual behavior with a minor or developmentally disabled person–even if that person technically offers consent.
At Suhre & Associates, LLC, we handle all types of sexual assault and battery cases in Kentucky. Below is an overview of the state laws on rape and sexual abuse.
Rape/Sexual Assault
Many states refer to rape as sexual assault. Kentucky statutes continue to use the term “rape” to describe a number of different sex crimes.
Rape is nonconsensual sexual intercourse. In the state of Kentucky, you can be charged with rape for penetrating the sex organs of another person, whether with a body part or foreign object, if you don’t have that person’s consent. The law is clear that any type of penetration–regardless of how slight–is sufficient to support rape charges.
Rape is classified into three categories under Kentucky law. The severity of the charges can depend upon the age of the victim and the age of the defendant.
First-degree rape is the most serious offense. Under Kentucky Revised Statutes Section 510.040, a person is guilty of first-degree rape for:
- Engaging in sexual intercourse with another person by forcible compulsion, or
- Engaging in sexual intercourse with someone who is incapable of giving consent because they are under the age of 12 or physically helpless
First-degree rape is typically a Class B felony. The charges can be aggravated to the most serious Class A felony if the victim is seriously injured or is a child under the age of 12.
The prosecution can charge a defendant with second-degree rape, a class C felony, under Kentucky Revised Statutes Section 510.050 if:
- The defendant is at least 18 and engages in sexual intercourse with a minor under the age of 14, or
- The defendant is at least 18 and engages in sexual intercourse with someone who is mentally incapacitated (and thus cannot legally consent)
A defendant can be convicted of third-degree rape under Kentucky Revised Statutes Section 510.060 if the prosecution can prove any one of the following:
- The defendant is at least 21 and the victim is a minor under the age of 16
- The defendant engages in sexual intercourse someone who is 16 or 17, and is at least ten years older than the victim
- The defendant is at least 21 and engages in sexual intercourse with someone under the age of 18 while providing a foster home to that person
- The victim is under age 18 and the defendant occupies a position of special trust or authority over the victim, and met the victim through that position
- The defendant works for the Kentucky Department of Corrections, Department of Juvenile Justice, or a detention facility and knows that the victim is being evaluated, incarcerated, or otherwise treated by the entity
Third-degree rape is a Class D felony.
Sexual Abuse Laws in Kentucky
The crime of rape requires some type of physical penetration. However, certain types of nonconsensual sexual contact are also criminal offenses in Kentucky. Like rape, sexual abuse is classified into three separate offenses.
First-degree sexual abuse charges apply if:
- The defendant subjects someone to sexual contact by forcible compulsion
- The defendant subjects someone to sexual contact, and the victim is under the age of 12, physically helpless, mentally incapacitated, or otherwise incapable of consent
- The defendant is at least 21 and has sexual contact with someone under the age of 16
- The defendant is at least 21 and masturbates so that someone younger than 16 can hear or see the act (including via the internet or phone)
First-degree sexual abuse is a Class D felony. If the victim is under the age of 12, the charges are aggravated to Class C felony charges.
Second-degree sexual abuse is a Class A misdemeanor. These charges apply if the defendant is 18, 19, or 20 and has sexual contact with someone younger than 16. Second-degree charges can also apply if the defendant is associated with the Department of Corrections or a detention facility.
Third-degree sexual abuse happens when a defendant subjects another person to sexual contact without consent. The offense is a Class B misdemeanor.
What are the Penalties for Sexual Assault and Battery in Louisville, Kentucky?
Sex crime convictions carry some of the harshest prison sentences possible in Kentucky. The exact punishment depends upon the crime alleged.
If convicted of sexual assault, you might face:
- Class A felony: between 20 and 50 years, or life in prison
- Class B felony: between 10 and 20 years in prison
- Class C felony: between five and 10 years in prison
- Class D felony: between one year and five years in prison
Repeat offenders can be classified as persistent felony offenders. Your prior criminal history can mean longer prison sentences and harsher restrictions upon release.
If convicted of misdemeanor sexual abuse, you could face up to 12 months in jail for second-degree sexual abuse or up to 90 days in jail for third-degree sexual abuse.
Kentucky Sex Offender Registration Requirements
Sex crime convictions don’t disappear once you’ve served your prison sentence. You’ll also be required to register as a sex offender with law enforcement officers. Sex offender registration requirements last for at least 20 years.
If you’re convicted of first-degree rape or are a repeat offender, you’ll be subject to lifetime sex offender registration.
This “collateral consequence” is extremely severe. Information about your sex offense will be made public. That means your employers, neighbors, and friends will be able to access personal information about where you live and the type of crime you committed.
What Defenses Can Be Raised if I’m Accused of Sexual Assault and/or Battery?
Make no mistake: if you’ve been charged with sexual assault/battery, you need a strong legal defense. Our legal team will conduct a detailed investigation to determine the strategy that’s best for you.
Some common defense strategies in rape cases include:
- The victim consented
- Mistaken identity
- False accusations
- Lack of evidence
- Violation of your constitutional rights during arrest or interrogation
- Challenges to witness credibility
- Police bias
If you’re facing sexual abuse charges, the law sets forth a number of statutory defenses.
At Suhre & Associates, our Louisville sexual assault/battery lawyers have been helping clients accused of sex crimes for many years. You don’t have to rely upon a lawyer directory to get the legal advice you need. Call our experienced lawyers in Louisville to schedule a free case review today.
Schedule a Free Consultation With a Louisville Sexual Assault/Battery Attorney
You don’t have time to waste before you seek legal advice if you’ve been accused of a sex crime. If you’ve been arrested in Louisville or Jefferson County, call an experienced Louisville sexual assault/battery attorney for a free consultation today.
