If a person engages in sexual intercourse with another who lacks sexual education is it a crime? If so what is the crime?

More specifically, suppose the innocent party is a minor (say around 12 years old) who does not know about sex. Suppose also that the perpetrator is a minor but does have sexual education.

I'm particularly interested in law applicable to Kentucky.


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.

  • 1
    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
  • 2
    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
  • 3
    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). Mar 1 '19 at 13:56

YES! - "I don't understand" isn't consent and, in any case, she is below the age of consent in Kentucky by 3 years. It is really hard to understand the need for this question in 2020.

  • 1
    Note the question was posed 2 years ago, but yes, it should be obvious.
    – Trish
    Nov 15 '20 at 19:47
  • It should be obvious, but sometimes the law doesn’t give the obvious result. This answer and, to a lesser extent, the comment above, come off as a little condescending. Nov 16 '20 at 11:39
  • @BrianDrake - I toned down my initial reaction before posting. I am horrified that anyone capable of posting to this site does not know that sex without consent is rape. Nov 16 '20 at 17:43

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