Sodomy in the 3rd Degree, in Kentucky

My question involves criminal law for the state of: kentucky


My brother got arrested and charged with sodomy in the 3rd degree for having sexual relations with a 16 year old and he is 22 years old. What does this mean for him?? They were out in the public and not to be discrete but she was giving him oral sex and they got caught. He has NEVER been in any kind of trouble before. I am unfamiliar with the laws regarding this type of charge..........can anyone please help me on what the out come may come to???:wallbang:

Thanks

A perpetrator commits third degree rape or sodomy when he commits the sexual act with a victim who is mentally retarded or mentally incapacitated, or the perpetrator is twenty one years old and the victim is less than sixteen. Rape and sodomy in the third degree are Class D felonies. Again, "mentally retarded" and "mentally incapacitated" are defined terms under the Penal Code. Supra.

I don't think this charge will hold up in court since the girl was of legal age and the man was charged for an offense against an underage girl. (unless she is retarded)

Quote:

---

Quoting vgibson419

---

My question involves criminal law for the state of: kentucky


My brother got arrested and charged with sodomy in the 3rd degree for having sexual relations with a 16 year old and he is 22 years old. What does this mean for him?? They were out in the public and not to be discrete but she was giving him oral sex and they got caught. He has NEVER been in any kind of trouble before. I am unfamiliar with the laws regarding this type of charge..........can anyone please help me on what the out come may come to???:wallbang:

Thanks

---

(b) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old


http://www.lrc.ky.gov/KRS/510-00/090.PDF



510.010 Definitions for chapter.

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. "Deviate sexual intercourse" does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;


She may have said she was 16?

If none of the above in the posted law, 510.090, apply, the charge is not founded.

Okay.....talked to him today he said that she said she was 16 years old and she is 15 years old.........still I know that doesn't make it right, trust me I have bitched to hell and back but, does this mean it will hold up in court??? She is not mentaly ill or anything my brother is just very stupid! To bad stupidity is not an excuse!!! What can I expect to happen now that we know she is 15?? We just knew thT THERE HAD TO BE MORE TO IT, YA KNOW!

So you know the truth now. What can happen has been explained already. That and a lifetime of registering as a sex offender.