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An 18 yr old man meets a 15 yr girl, she tells him she is 21. An while both are intoxicated of alcohol, they have sex.

Louisville, KY |

She claims to not remember anything. What can he be charged with ?

Attorney Answers 5

Posted

Lots: rape, statutory rape, indecent liberties, providing liquor to minors, etc.

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2 lawyers agree

2 comments

Robert Zaiden Corrado

Robert Zaiden Corrado

Posted

MR. Sullivan is right on point

Daniel Christopher Kay

Daniel Christopher Kay

Posted

Admittedly a very minor detail Mr. Sullivan's answer presumes that the 18 year old provided the alcohol to the 15 year old. We don't necessarily know this from the question.

Posted

He can be charged with many crimes. Her lying about her age may not be a defense.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

He can be charged with statutory rape because age of consent is 16. However, there is a defense if age difference is less than 5 years if the lack of consent is due only to age. Here, lack of consent is also due to her incapacity from alcohol. That could eliminate any defense and lead to an actual rape charge. This situation is serious and her lie about her age is irrelevant.

This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

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Posted

In Ky this is a crime. The age of consent is 16, a 15 year old CANNOT LEGALLY CONSENT TO SEXUAL INTERCOURSE in this state. The Kentucky Statute is below:

§ 510.060. Rape in the third degree.

Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 510. SEXUAL OFFE
Current through 2011 Legislative Session

§ 510.060. Rape in the third degree

(1) A person is guilty of rape in the third degree when:

(a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded;

(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;

(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020;

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under sixteen (16) years old with whom he or she comes into contact as a result of that position; or

(e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual intercourse.

(2) Rape in the third degree is a Class D felony.

History. Effective: July 15, 2010
Amended 2010, Ky. Acts ch. 26, sec. 1, effective July 15, 2010. -- Amended 2006, Ky. Acts ch. 182, sec. 31, effective July 12, 2006. -- Amended 2002, Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch. 282, sec. 1, effective July 15, 2002. --Amended 1988 Ky. Acts ch. 283, sec. 12, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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5 comments

Frank Mascagni III

Frank Mascagni III

Posted

Another Kentucky Statute that applies is: § 510.020. Lack of consent. Kentucky Revised Statutes Title 50. KENTUCKY PENAL CODE Chapter 510. SEXUAL OFFENSES Current through 2011 Legislative Session § 510.020. Lack of consent (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) Mentally retarded or suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties. History. Effective: July 12, 2006 Amended 2006, Ky. Acts ch. 182, sec. 30, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 283, sec. 10, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 82, effective January 1, 1975.

Frank Mascagni III

Frank Mascagni III

Posted

and a third Kentucky Statute is: Kentucky Revised Statutes Title 50. KENTUCKY PENAL CODE Chapter 510. SEXUAL OFFENSES Current through 2011 Legislative Session § 510.030. Defenses In any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, mentally retarded, mentally incapacitated or physically helpless, the defendant may prove in exculpation that at the time he engaged in the conduct constituting the offense he did not know of the facts or conditions responsible for such incapacity to consent. History. Effective: July 15, 1988 Amended 1988 Ky. Acts ch. 283, sec. 11, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 83, effective January 1, 1975.

Frank Mascagni III

Frank Mascagni III

Posted

If you get charged with a criminal offense you need to contact a criminal defense attorney in your area ASAP.

Asker

Posted

Thank you for the response sir. I will like to know at what time of the day is it best to give you a call for an over the phone consultation ?

Frank Mascagni III

Frank Mascagni III

Posted

You are welcome. Call the office at 583-2831 and schedule an appointment.

Posted

Rape is likely the most serious offense that can result from this scenario. Contact an attorney who is licensed in Kentucky.

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