In Kentucky, the age of consent for sexual intercourse depends on the victim’s age. The general age of consent is 16 years old, but may be 18 years old for other circumstances.

When Is the Age of Consent 16?

The age of consent is 16 years old where a minor has sex with a person who is 21 or older. This generally only applies for the situation where a person between 14 and 16 years old has sex with a person who is 21 or older.

When Is the Age of Consent 18?

Where the offender is over 21 years old and acts as a foster parent to the victim, then the age of consent is 18.

Incapable of Consent

In Kentucky, there are certain instances where the victim is deemed incapable of consenting to sex whatsoever. Even if the victim allegedly consented, that consent will be held invalid and the offender will be charged with statutory rape. Such invalid consent include:

  • Sex with a victim aged 14 or under by an offender 18 or older.
  • Sex with a victim i16 or younger, where the offender is a person who is in a position of trust (i.e. teacher, employer, coach, etc.). If violated, the offender will be liable for criminal charges, regardless of age disparity between them.

Application of the Age of Consent Laws

The age of consent laws apply identically to both heterosexual and homosexual conduct.

Do I Need a Lawyer?

If you believe that you may have violated the age of consent laws, you should consult an experienced criminal defense attorney. Your attorney will help you understand your rights and will provide a legal defense for your case.