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What is Date Rape?

Kentucky does not differentiate between date rape from Rape.  KRS 510.040 defines Rape in the first degree as follows:

(1) A person is guilty of rape in the first degree when:

(a) He engages in sexual intercourse with another person by forcible compulsion; or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

Essentially, to be guilty of rape, the Commonwealth must prove that the victim was incapable due to being physically helpless or that it was done by forcible compulsion.  

"Forcible compulsion" is defined within the chapter as well.  Forcible compulsion means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition. 

"Physically helpless" is also defined.  Physically helpless means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. "Physically helpless" also includes a person who has been rendered unconscious or for any other reason is physically unable to communicate an unwillingness to an act as a result of the influence of a controlled substance or legend drug.

If you have been charged with any crime, especially a felony such as rape, you should immediately retain the services of an experienced criminal defense attorney.  For consultation in Kentucky, contact Michael Bouldin at [email protected] or call 859-581-6453 (581-MIKE).  Know and protect your rights.

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