January 14, 2026 | Sex Crimes
Statutory rape is one of the most serious sex crime charges under Kentucky law. It involves sexual activity with a person who is below the state’s age of consent. Since minors under that age cannot legally give consent, these cases often lead to felony charges with severe penalties, including prison time and sex offender registration.
However, not every accusation results in a conviction. Depending on the facts, there may be strong legal defenses available. Here are four defenses that may apply in a Kentucky statutory rape case.
1. Lack of Evidence
In any criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. It means that if there isn’t enough reliable evidence, they typically cannot secure a conviction.
In a statutory rape case, prosecutors must generally show that:
- Sexual contact occurred, and
- The alleged victim was under the age of consent
If there isn’t enough proof to establish each of these elements, your attorney may be able to successfully challenge the prosecution’s version of events. Many of these cases rely heavily on statements rather than concrete proof, which gives defense attorneys room to argue that the evidence is insufficient.
2. Mistake of Age
Kentucky’s age of consent is 16 years old. Under KRS § 510.020, it is generally illegal for an adult to have sexual intercourse with anyone under that age. However, there are exceptions when the defendant reasonably believed the other person was of sufficient age to consent.
This defense is sometimes referred to as a mistake of age defense. For instance, if the minor told the defendant that they were 18, showed a fake ID, and otherwise appeared to be an adult, this may be used as evidence that the defendant did not knowingly break the law.
This defense is not automatic, and its success depends on the details of the case. However, it can be an important strategy when there’s proof that the alleged victim misrepresented their age or that the defendant had no intent to engage with a minor.
3. No Sexual Contact Occurred
Another common defense is the denial of sexual contact altogether. Accusations sometimes arise out of ulterior motives, such as anger and jealousy. In these circumstances, a person may claim that sexual contact occurred even when it did not.
Your attorney can present evidence that contradicts the accuser’s claims as part of this defense, such as:
- Cell phone and GPS records showing you were not present
- Witness testimony placing you elsewhere
- Lack of DNA and other physical evidence
Note further that Kentucky also has various “Romeo and Juliet” exceptions in place, such as those outlined in statutes like KRS § 510.060. Under these types of exceptions, someone under the age of 16 may legally engage in sexual activity with someone close to their age. Whether these apply will depend, in large part, on the exact ages of the people in question.
4. Violation of Constitutional Rights
A fourth potential defense involves showing that the defendant’s constitutional rights were violated during the investigation or arrest. Police and prosecutors must follow strict procedures when gathering evidence. If they fail to do so, key evidence against the defendant may be ruled inadmissible in court.
Examples of violations include:
- An illegal search and seizure
- Improper interrogation tactics
- Failure to provide Miranda warnings
- Coerced statements
- Confessions obtained under pressure
If a court finds that investigators violated your rights, your attorney can request that the evidence be suppressed. Without it, the prosecution’s case may fall apart.
Schedule a Free Consultation With a Criminal Defense Lawyer
The above are just a few examples of the possible defenses you can raise against statutory rape charges in Kentucky. For instance, there is also a “marital rape exemption” spelled out under state law.
If you’re facing statutory rape charges in Kentucky, contact a Kentucky sex crimes attorney at Suhre & Associates DUI and Criminal Defense Lawyers today for a free initial consultation. It may not be too late to present a defense that leads to a favorable outcome for you going forward.
Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507
(859) 569-4014