The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Kentucky, sexual assault is primarily governed by the Kentucky Revised Statutes (KRS) under the penal code. The term 'rape' is used to describe the act of sexual intercourse or sodomy with another person without their consent and through the use of force, threat of force, or when the victim is incapable of consent due to mental disability or incapacitation. Rape is classified into degrees, with first-degree rape being the most serious offense. Kentucky law also recognizes 'sexual abuse' which includes any kind of nonconsensual sexual contact, such as touching, groping, or pinching for sexual gratification, without penetration. Sexual abuse is also categorized into degrees based on the severity of the act and the circumstances surrounding it. The laws are designed to protect individuals from any form of nonconsensual sexual activities and ensure that perpetrators are prosecuted under the appropriate charges.