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.
Estate Planning Attorney
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.
Criminal Defense Attorney
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. www.kacdl.net
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..