View Full Version : KY. one step forward, 6 steps back.


life2thesequel
03-16-2003, 09:20 AM
I learned alot about KY, Kentuckians, and my fellow man when condemned to do so. Of the Penal Codes I had need to acquaint myself with...oddly,... came Sex Offenses.
I had a court-call client charged w/ raping another inmate.
She was facing an outside charge as well as massive inhouse penalties and seg time. (For those of you keeping score,.. She got time served in seg, the charge was broken down and the County charge wasn't prosecuted...)

Anyway.. I learned that (at the time) there were two sets of sex offenses on the books. I'll make this quick.
Sexual Abuse (non-penatrative), & Sexual Assault (penetration). Elements of both were similar, difference was the penetration. Degrees of each was alarming to me.

Most of you might think, like I did, that all degrees of each of these offenses would be felonies. They were not.
1st Degree (either)--Class B felony. 10-20(A being highest)
2nd Degree (either)-- Class C felony.5-10yrs
3rd Degree (either) Class A Misdemeanor 6-12mo county
4th Degree (either) Class B Misdemeanor. 3-6 mos. county

Most of you might think, like I did, that what would designate the degree of the offense would be particulars of the use of force or coersion... They did not.
In no other Penal code at the time was the degree of offense designated primarily by the AGE of the VICTIM.

Don't get excited yet... The 1st degree was held for victims of 21 or more... 2nd was for 18 or more. The Misdemeanors were for 14 year olds and 12 year olds or less.
This, then would be a real DISincentive to pick on someone your own size. This would make children and infants the disposable property that they ARE in the bluegrass state.

Did I mention, too, that all of those statutes carried the condition..."who is not your wife..."? Yep. KY is one of the states where it is legally impossible to rape your wife.
Women, children and infants are indeed property.

I'd thought at the time, that the reason for all of this was that indeed, life is old (and cheap) there, that children can't vote, and that a woman isn't likely to come out to vote if her face hasn't healed up enough.

I'm delighted to report that in July of last year, the previous 1975circa statutes have been revised.
Now all are felonies, the disincentive has been corrected. The younger the victim, the higher the penalty....
but.. you'll notice the Marriage Exemption from Prosecution was upheld.

In KY it is still impossible to rape your wife.
See :NO Offense Committed if Parties Married to Each Other.
http://162.114.4.13/KRS/510-00/CHAPTER.HTM