KRS 510.030: Defenses to prosecution based on victim's lack of consent.

In any prosecution under this chapter in which the victim's lack of consent is based solely

on his incapacity to consent because he was less than sixteen (16) years old, an individual

with an intellectual disability, mentally incapacitated, or physically h elpless, the

defendant may prove in exculpation that at the time he engaged in the conduct

constituting the offense he did not know of the facts or conditions responsible for such

incapacity to consent.