August 25, 2025 | Sex Crimes

Consent Laws in Kentucky 

Consent is a key issue in many criminal cases, especially those involving sexual conduct. In Kentucky, the law sets clear rules for when someone can legally give consent and when they cannot. Failing to understand these rules can lead to severe consequences, including felony charges that can lead to a permanent criminal record.

If you or a loved one is facing charges related to consent in Kentucky, knowing how the law works is critical to protecting your rights and preparing a defense.

The age of consent in Kentucky is 16 years old. That means only individuals who are 16 or older can legally agree to sexual activity with another person. Anyone under 16 is considered unable to give valid consent, and engaging in sexual conduct with them may result in statutory rape or other charges.

Although many states have what are called “Romeo and Juliet” exceptions for close-in-age people, Kentucky is not one of them. A defendant can face criminal charges regardless of how old or young they were in relation to the other person if they are under 16. 

Even when someone is 16 or older, there are situations where the law does not recognize their consent as valid. 

Examples include:

  • Mental incapacity: If the person does not understand the nature of the act due to a developmental disability or mental illness.
  • Intoxication: When someone is under the influence of drugs or alcohol to the point that they cannot make informed decisions.
  • Authority figures: If the accused holds a position of trust or power over the other person, the law may restrict the ability to consent.
  • Force or coercion: Consent obtained through threats, intimidation, or violence is not valid consent.

These circumstances often create the basis for sexual assault or related charges, regardless of what the accused believed was happening at the time.

Kentucky takes violations of consent laws seriously. Depending on the situation, charges may include rape, sodomy, sexual abuse, or unlawful transaction with a minor. Penalties can range from misdemeanor convictions with jail time to felonies that carry decades in prison.

In addition, many of these crimes require registration as a sex offender, which can severely limit your freedom going forward. Since these are some of the most serious offenses on the books, hiring an experienced defense attorney is all the more important. 

Consent cases often turn on misunderstandings or conflicting accounts of what happened. One person may claim that they agreed, while another may say they did not. Alcohol or drug use can complicate the picture, as can the presence of social pressure or unequal relationships.

This is why these cases require careful investigation and strong legal advocacy. A defense lawyer can fight back against the prosecution and gather exculpatory evidence that may lead to a dismissal. 

Contact the Lexington Sex Crimes Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

Consent laws in Kentucky are strict, and violating them can lead to life-changing consequences. The law sets the age of consent at 16, but many other factors can make consent invalid.

If you are under investigation or have already been charged with a crime, getting legal help is one of the best decisions you could possibly make. Contact Suhre & Associates DUI and Criminal Defense Lawyers to set up a free consultation with an experienced Kentucky criminal defense lawyer. 

For more information, contact the sex crimes attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. 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