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I was in Kentucky visiting family and my cousin's friend's sister is young about 12 or so years old and was not sexually educated when a guy only 3 years older then her started touching her private areas the young girl asked him what he was trying to do and he said he would explain afterwards and he proceeded in sexual intercourse with her telling him she didn't understand. Afterwards he did not explain truly and she came to us later asking what sex was and told us what the guy did. We need to know was she raped?

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If she was under 16, it's rape. A child under that age cannot consent to intercourse.

If she's older, it may still be sex abuse, which includes subjecting a person to sexual contact without express or implied consent. It may also still be rape, but I'm less clear on how Kentucky courts define implied consent.

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    But the guy was also under 16... I thought if the other party is also a minor, then it's okay? – Alex May 28 '18 at 17:31
  • It depends on the age of each of them. I can't say without knowing both ages. – bdb484 May 28 '18 at 17:32
  • He said that the guy was 3 years older... that's 15 years old. – Alex May 28 '18 at 17:42
  • I believe Kentucky has no exceptions to the rule, regardless of age. Thus the statutory rape statute should still apply to a 15 year old. – Viktor Jun 3 '18 at 3:41
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    As an aside: if "she didn't understand" then it would be rape in England and Wales - regardless of age. It would definitely be under-age sex (not rape), and if she was 12 rather than 13, it would be "rape of a child under 13" (legislation.gov.uk/ukpga/2003/42/section/5). – Martin Bonner Mar 1 at 13:56

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