{"data":{"id":"us-ky/krs-35.681","jurisdiction":"us-ky","citation":"KRS 35.681","heading":"Rape and sexual assault generally.","body":"(1) Any person subject to this code is guilty of rape and shall be punished as a court -\nmartial may direct who commits a sexual act upon another person by:\n(a) Using unlawful force against another person;\n(b) Using force causing or likely to cause death or grie vous bodily harm to any\nperson;\n(c) Threatening or placing that other person in fear that any person will be subject\nto death, grievous bodily harm, or kidnapping;\n(d) First rendering that other person unconscious; or\n(e) Administering to that other person  by force or threat of force, or without the\nknowledge or consent of that person, a drug, intoxicant, or other similar\nsubstance and thereby substantially impairing the ability of that other person\nto appraise or control conduct.\n(2) Any person subject to this code is guilty of sexual assault and shall be punished as a\ncourt-martial may direct who:\n(a) Commits a sexual act upon another person by:\n1. Threatening or placing that other person in fear;\n2. Causing bodily harm to that other person;\n3. Making a fr audulent representation that the sexual act serves a\nprofessional purpose; or\n4. Inducing a belief by an artifice, pretense, or concealment that the person\nis another person;\n(b) Commits a sexual act upon another person when the person knows or\nreasonably should know that the other person is asleep, unconscious, or\notherwise unaware that the sexual act is occurring; or\n(c) Commits a sexual act upon another person when the other per son is incapable\nof consenting to the sexual act due to:\n1. Impairment by any drug, intoxicant, or other similar substance, and that\ncondition is known or reasonably should be known by the person; or\n2. A mental disease or defect, or physical disability, a nd that condition is\nknown or reasonably should be known by the person.\n(3) Any person subject to this code who commits or causes sexual contact upon or by\nanother person, if to do so would violate subsection (1) of this section had the\nsexual contact been a sexual act, is guilty of aggravated sexual contact and shall be\npunished as a court-martial may direct.\n(4) Any person subject to this chapter who commits or causes sexual contact upon or by\nanother person, if to do so would violate subsection (2) of th is section had the\nsexual contact been a sexual act, is guilty of abusive sexual contact and shall be\npunished as a court-martial may direct.\n(5) In a prosecution under this section, in proving that a person made a threat, it need\nnot be proven that the pe rson actually intended to carry out the threat or had the\nability to carry out the threat.\n(6) An accused may raise any applicable defenses available under this code. Marriage is\nnot a defense for the conduct in issue in any prosecution under this section.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45086","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:54Z","sha256":"58b0d7c08fea6de639eaa4422b1a19ed0f66f746769c5459994b922c4d6a8ad1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.680","next":"us-ky/krs-35.683"},"notice":"GroundRules: Original legal text. Not legal advice."}