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Can a man press Charges of Rape against a Woman?

Covington, KY |

I have tried every search engine to find a case of a man pressing charges against a woman for sexually assaulting him ie rape. Example a woman can rape a man run to the closest cop as she is, and point the finger at him ruining his life. The same woman rapes another man this one manages to get to a cop and point the finger at her; the cop ether laughs him away, charges him with the rape, or actually charges the woman. Would the charges of rape against this woman hold up in court? Would she have to go around the city she lives in and tell her neighbors she is a sexual predator. Would the other effects of a man being charged with rape affect this woman's life now?

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Attorney answers 2

Posted

A male "victim" can take out a criminal complaint against a female for rape in KY. A woman can be convicted of rape in KY:
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 510. SEXUAL OFFENSES

Current through 2013 Ky. Acts ch. 9

§ 510.010. Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:
(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. "Deviate sexual intercourse" does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;
(2) "Forcible compulsion" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition;
(3) "Mental illness" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association;
(4) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B;
(5) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his conduct as a result of the influence of an intoxicating substance administered to him without his consent or as a result of any other act committed upon him without his consent;
(8) "Sexual intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. "Sexual intercourse" does not include penetration of the sex organ by a foreign object in the course of the performance of generally recognized health-care practices; and
(9) "Foreign object" means anything used in commission of a sexual act other than the person of the actor.
(7) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party;

Cite as KRS 510.010

History. Amended by 2012 Ky. Acts ch. 146, §123, eff. 7/11/2012.

Amended 2002, Ky. Acts ch. 259, sec. 6, effective July 15, 2002. -- Amended 2000, Ky. Acts ch. 401, sec. 4, effective July 14, 2000. -- Amended 1996, Ky. Acts ch. 300, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 355, sec. 1 effective July 14, 1992. --Amended 1990 Ky. Acts ch. 448, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 78, sec. 1, effective July 15, 1988; and ch. 283, sec. 9, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 486, sec. 1, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 81.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 510. SEXUAL OFFENSES

Current through 2013 Ky. Acts ch. 9

§ 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.

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..

Frank Mascagni III

Frank Mascagni III

Posted

Kentucky Revised Statutes Title 50. KENTUCKY PENAL CODE Chapter 510. SEXUAL OFFENSES Current through 2013 Ky. Acts ch. 9 § 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) An individual with an intellectual disability or an individual that 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. Cite as KRS 510.020 History. Amended by 2012 Ky. Acts ch. 146, §124, eff. 7/11/2012. 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

Kentucky Revised Statutes Title 50. KENTUCKY PENAL CODE Chapter 510. SEXUAL OFFENSES Current through 2013 Ky. Acts ch. 9 § 510.060. Rape in the third degree (1) A person is guilty of rape in the third degree when: (a) He or she engages in sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability; (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 eighteen (18) 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. Cite as KRS 510.060 History. Amended by 2012 Ky. Acts ch. 148, §2, eff. 7/11/2012. Amended by 2012 Ky. Acts ch. 146, §127, eff. 7/11/2012.

Posted

It is possible but much less likely unless drugged.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

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