How can a person prove someone of committing 3rd degree sexual abuse?

My ex is being accused of third degree sexual abuse. I read the KRS statute and wondered how this person can accuse my ex of sexual contact.

Frankfort, KY -

Attorney Answers (2)

Joe Wayne Hendricks Jr.

Joe Wayne Hendricks Jr.

Criminal Defense Attorney - Russellville, KY

You haven't given much information in order to answer you question but Third Degree Sexual Abuse is any non-consensual sexual contact with another person. Your husband should immediately contact a criminal defense lawyer to represent him in this case.

510.130. Sexual abuse in the third degree.

(1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent.

(2) In any prosecution under this section, it is a defense that:

(a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(c) The actor was less than eighteen (18) years old.

(3) Sexual abuse in the third degree is a Class B misdemeanor.

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Frank Mascagni III

Frank Mascagni III

Criminal Defense Attorney - Louisville, KY

The details of the criminal complaint are contained in the criminal warrant served on your ex-spouse. See the statute set out in the other response by counsel. Anyone can accuse anyone of a criminal offense; proving it is another. Have him get a criminal defense attorney ASAP.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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