The matter of consent in sex-related criminal charges

Sex-related crimes in Kentucky have a host of conditions that must be met before a person can face a conviction. Understanding some of the ins and outs of these laws is beneficial because it can help you avoid facing situations in which you may be charged with a crime. If you’re already facing a charge, knowing these may help you as you set your defense strategy.

A sexual assault charge generally requires a lack of consent from the alleged victim to the sexual contact. A reasonable adult can easily provide consent for sexual activities — but there are some individuals who are legally unable to give consent. It’s important to understand the distinction.

It is never possible for a person who is incapacitated or impaired to provide consent, regardless of their age. A person can’t be forcibly compelled to participate in sexual activities. A person who is physically helpless, mentally incapacitated, or under 16 years old can’t consent. Anyone who has a mental illness or an intellectual disability and those who are in the custody of the state or an agency due to an order of the court can’t consent.

Understanding how consent works is critically important when it comes to avoiding charges of sexual assault or other serious offenses. Whether you’re someone who has just entered the dating scene or someone who is re-entering it, make sure that you’re aware of how the law views consent — and who is able to give it.

If you are facing sex-related charges and consent is an issue, don’t put off starting your defense. Instead, get started right away so you have time to consider the options.