Western Kentucky University

Kentucky Statute Defining Rape

 

 

Conduct information

Kentucky Statute defining Rape:

The following definitions apply in this statute:

 

KRS § 510.040. Rape in the first degree.

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

(a) He engages in sexual intercourse with another person by forcible compulsion; or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

 

KRS § 510.050 . Rape in the second degree.

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

(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or

(b) He engages in sexual intercourse with another person who is mentally incapacitated.

(2) Rape in the second degree is a Class C felony.

 

KRS § 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; or

(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.

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

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It is the position of The Office of Judicial Affairs that among the violations of misconduct considered to be of an especially serious nature are those that represent a threat to the safety and health of members of the University Community. These include but are not limited too, harassment, physical violence or threat of violence, non-consensual sexual contact, rape or any form of sexual violence

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 Last Modified 8/4/14