KRS 510.020: Lack of consent.

(1) Whether or not specifically stated, it is an element of every offense defined in this

chapter that the sexual act was committed without consent of the victim.

(2) Lack of consent results from:

(a) Forcible compulsion;

(b) Incapacity to consent; or

(c) If t he offense charged is sexual abuse, any circumstances in addition to

forcible compulsion or incapacity to consent in which the victim does not

expressly or impliedly acquiesce in the actor's conduct.

(3) A person is deemed incapable of consent when he or she is:

(a) Less than sixteen (16) years old;

(b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years

older than the victim at the time of the sexual act;

(c) An individual unable to communicate consent or lack of consent, or u nable to

understand the nature of the act or its consequences, due to an intellectual

disability or a mental illness;

(d) Mentally incapacitated;

(e) Physically helpless; or

(f) Under the care or custody of a state or local agency pursuant to court order

and the actor is employed by or working on behalf of the state or local agency.

(4) The provisions of subsection (3)(f) of this section shall not apply to persons who are

lawfully married to each other and no court order is in effect prohibiting contact

between the parties.