Woman Rapes Man

By the way - at times, this blog may contain graphic material.  

The question for today is: In Kentucky, can a woman rape a man?

Before we even get started, if you are charged with rape, you should talk to a Louisville sex crimes lawyer.  This blog is certainly not enough information to help you appropriately.

For the sake of today’s conversation, assume that whenever a Kentucky Revised Statutes uses the pronoun “he” it actually means “he or she.”  Without going into much more detail, just trust me - women can be charged with any crime regardless of whether a statute simply uses the pronoun “he.”  Also, keep in mind that there are three different degrees of Rape, plus a whole cornucopia of other sex crimes in the KRS, but we will only be concentrating on Rape in the First Degree for this conversation.  More appropriately, the question should be: In Kentucky, can a woman commit Rape in the First Degree against a man?

The reason people usually ask me this question is that there is a basic logical inconsistency about a woman “forcing” sexual intercourse on a man.  Typically, in order for the...uh, physiological logistics...to support sex, a man has to be willing to participate.  In which case, he would be consenting to the sexual act - which would be a defense to the crime.  The logical concern is that if he was willing, and therefore able to be raped, it wouldn’t be rape, now would it?  You know that old saying, “you can’t rape the willing”?  So without any delving into the law, it is reasonable to start with an initial hesitation to believe that a woman can rape a man. 

By the way - if you consider “you can’t rape the willing” to be an old saying, maybe you should get some help.  Like, tomorrow.

Let’s take a look at the law.

510.040 Rape in the first degree.

(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.

Obviously, from just a cursory reading of this statute, a woman can commit Rape in the First Degree under subsection (1)(b)(2) by having sexual intercourse with a person who is less than twelve years old.  Kind of anti-climactic, huh?  You’d think I would build it up a little more, just to make it more exciting.  My bad.  Sometimes the answer is just right there in black and white.  Like my friend Jon Spalding says, “There’s a lot of stuff in those books.”

That being said, we should pull a Bill Clinton and ask how one actually defines “sex.”  It is a legitimate question, and the KRS answers it.  Under the definition section of KRS 510.010-

(8)  "Sexual intercourse" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. "Sexual intercourse" does not include penetration of the sex organ by a foreign object in the course of the performance of generally recognized health-care practices; and

(9)  "Foreign object" means anything used in commission of a sexual act other than the person of the actor.

Some of you may still be wondering about the original physiological questions of strong arm rape.  With the definitions above and a little devious creativity, I’m sure you can figure out how it is possible for a woman to strong arm rape a man.  And/or woman.  I would take the time to give you an example, but I have already been told by some readers that they are starting to have trouble bringing up the blog at work/school because of “inappropriate content.”  So use your imagination.  But the answer is yes.  A woman can strong arm rape a man - or a woman, for that matter.  The actor would only have to penetrate the sex organs of either with a "foreign object."

Rape is a very serious crime.  As stated above, it can be a Class A felony - which means a penalty range of 20 years to life.  If you are charged with a sex crime, call a lawyer who regularly handles sex crimes.  The experienced criminal defense attorneys at Gruner & Simms, PLLC handle sex crimes in Louisville, Lexington, Frankfort, Elizabethtown, and the surrounding areas.  If you have a charge against you, call 502.618.4949 for a free consultation.

Results.  As fast as the law will allow.






Questions answered in this blog post: can a woman rape a man; in Kentucky is it possible for a woman to rape a man; is it legally impossible for a woman to commit rape; what is rape in the first degree; how do I find a good Louisville rape lawyer; how do I find a good Louisville sex crime lawyer; how old does someone have to be for rape in the first degree; what does "you can't rape the willing" mean?

Free in Kentucky: New Case Affecting Marijuana Users (and also peopl...

Free in Kentucky: New Case Affecting Marijuana Users (and also peopl...: "A new decision just came down from the United States Supreme Court, stemming from a Lexington, Kentucky criminal case. The High Court came ..."

New Case Affecting Marijuana Users (and also people who just give a damn about their privacy)

A new decision just came down from the United States Supreme Court, stemming from a Lexington, Kentucky criminal case.  The High Court came down in the favor of Police deference, to the detriment of people who like to smoke pot.  Lots of marijuana reform advocates are all up in an uproar, but the truth is, the case doesn’t really say much in the way of “new law.”  So calm down.  I know several of you reading this are marijuana reform advocates, and some of you just about had a heart attack before you got to the third sentence of this paragraph.  But really, the case doesn’t change much of anything.  I will explain what it means in practical use later in this post.

The questions for today’s conversation are:

What does the King case mean to Kentucky law?

What do I do if the police come to my door and people have been smoking pot?

and 

Do I have to answer the door if police knock on it?

Here are the answers, in no particular order, and without much organization.

The case is Commonwealth v. King, and it just came down May 16, so it still has that “new case” smell.  As a side note, the prosecutor who argued the case on behalf of the Commonwealth was a law school acquaintance of mine named Josh Farley.  Apparently he did a good job.

Long story short on the King case, the Po-lice were chasing a suspected dealer who ran into an apartment complex.  They lost the guy but found themselves outside somebody’s apartment where a funny smell was coming from under the door.  After smelling marijuana, the cops knocked on the door.  Subsequent to the knock, they heard sounds inside.  

Here’s the rub.  The police justified a warrantless entry into the home by saying that the people inside were making noises “consistent with the destruction of evidence.”  So they forcefully entered the home.

Somehow that wily kid Joshua Farley got the Supreme Court of the United States to completely ignore the fact that noises “consistent with the destruction of evidence” are also noises consistent with “being in your underwear in your living and running to the bedroom to get clothes on” (in case you don’t like opening the door in your drawers) and “jumping up off the couch to open the door.”

Before this ruling, the police were allowed to come up and knock on your door.  

Before this ruling, the police were allowed to make a warrantless entry in your home if “exigent circumstances” existed.  And before the ruling, an indication that someone inside is destroying evidence inside was considered “exigent circumstances.”

So the only real “change” in the law as far as King is concerned, seems to be that police can now make a warrantless entry into your home whenever they feel like it, so long as they get on the stand and say the words “I heard noises consistent with the destruction of evidence.”

Obviously, the concern is that police will just say those words without ACTUALLY hearing anything, and be able to ransack your place without true exigent circumstances.

However, my advice to clients remains the same.  If the smell of marijuana smoke might accidentally be emanating from your place, and the police come knocking, do not answer the door.  You do not have to.  You are well within your rights to just sit there and watch TV, or keep eating, or both.  And you should.  Do not get up and run around.  Sprinting to the toilet will just give the police a reason to come in without a warrant.

If they have a warrant they will come in.  I promise.  But you don’t need to give them any “exigent circumstances.”  Just chill out.  And if the police do come in, don’t say anything.  You have the right to remain silent.  Use it.  Police are not your friends.  They are not trying to help you.  Don’t help them build a case against you.

If you have a Kentucky marijuana charge, you should talk to a lawyer who knows the law.  Most lawyers will talk to you about your case for free.  For a free consultation, call the Louisville drug charge lawyers at Gruner & Simms, PLLC.  Our lawyers handle criminal charges in Louisville, Lexington, Frankfort, Elizabethtown, and the surrounding areas.  Visit www.grunersimms.com for more details.

Results.  As fast as the law will allow.




Questions answered in this blog post: What does the King case mean to Kentucky law; what do I do if the police come to my door and people have been smoking pot; when can police come into my house without a warrant; do I have to talk to police; how can I find a good Louisville marijuana lawyer; how do I find a good Louisville drug charge lawyer; how do I find a good Louisville criminal defense lawyer; when should I answer the door for police; what are "exigent circumstances"; can police come into my house without a warrant?

Free in Kentucky: For everyone who has asked me: "Can I shoot somebo...

Free in Kentucky: For everyone who has asked me: "Can I shoot somebo...: "I don’t often write about “serious crimes” in my blog. I suppose it’s because I want the blog to be relevant to the lives of the majority o..."

For everyone who has asked me: "Can I shoot somebody if..."

I don’t often write about “serious crimes” in my blog.  I suppose it’s because I want the blog to be relevant to the lives of the majority of the people who read this thing.  Hopefully you guys will be able to actually use some of the information contained herein.  And the average person is pretty likely to have an issue regarding DUI or drug possession - rather than Murder.

However, on occasion, people ask me about when and how they can defend themselves.  Bigger crimes make up a significant percentage of my practice - and self-defense is a defense I have used many times.  And this week, self-defense is especially relevant to my practice, as I just picked up a new Murder case out of Lexington.  It looks like self-defense is going to play a huge role in the case, so let’s talk a little bit about when and how you can defend yourself.  I usually get this question in several forms:

Can I shoot somebody if they don’t have a gun, but they are threatening me with something else?

Can I shoot somebody if they are breaking into my house, or do they have to be trying to hurt me?

Can I shoot somebody if they are threatening someone else but not me?

KRS 503.050 governs the use of force in self-defense.  It reads:

503.050 Use of physical force in self-protection -- Admissibility of evidence of prior acts of domestic violence and abuse.

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.

(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.

(4)  A person does not have a duty to retreat prior to the use of deadly physical force.

Sections 1, 2, and 4 will be the most important to today’s discussion.  Subsection (1) basically says that you can defend yourself when you believe it is necessary to do so.  But there are some nuances that should be addressed.  It is significant that the requisite “belief” in the need for self defense is a very subjective standard.  The law does not require this belief to be a reasonable belief, or a belief that others in similar situations would also hold.  Only the actor needs to believe that self-defense is necessary.  Also significant is the wording of the last part of subsection (1).  It allows a person to defend themselves not only against the use of unlawful physical force, but also the “imminent use” of unlawful physical force.  This is what we call “anticipatory self-defense” and is not allowed in all states.  Personally, I believe that anticipatory self-defense is very reasonable - it means you don’t have to take a punch in the face before you defend yourself.

Subsection (2) answers all of the “can I shoot someone” questions.  It addresses the use of deadly force in self-defense.  Boiled down, it says that you can shoot someone (or use some other type of deadly force) when you believe it is necessary to protect yourself against death, serious physical injury, kidnapping, sexual intercourse (which would be against your will), or the circumstances found in KRS 503.055.

So let’s tackle question 1) Can I shoot somebody if they don’t have a gun, but they are threatening me with something else?  Under KRS 503.050 the answer is: It depends.  Do you feel like they are going to cause you serious physical injury?  Specifically, the Kentucky Revised Statutes define “serious physical injury” as physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.  So I think you’re safe to kill someone in self-defense if somebody comes at you with any dangerous weapon which can create a substantial risk of death.  If they have a knife, yes.  If they have a whiskey bottle, maybe.  If they have a Wiffle ball bat, don’t shoot them.  To quote Adam Sandler, “put up your dukes like 30s style boxing.”

Question 2) Can I shoot somebody if they are breaking into my house, or do they have to be trying to hurt me?  Again, the question needs to be answered by the mental state of the shooter.  Do you believe it is necessary to protect yourself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055?  If so,  you can pull the trigger.  And although “reasonableness” of the belief held by the shooter is not necessary, I would certainly want to show reasonableness to a jury.  So it would help if it was at night when the burglar/shot victim was crawling through your window.  A lot of people think it is more reasonable that you might be harmed by a burglar breaking in at night than during the day.

The last question is number 3) Can I shoot somebody if they are threatening someone else but not me?  The answer, generally, is yes.  But this is a section for another night, when I’m not watching television drinking a manhattan.

Lastly, it is important to note subsection (4) of KRS 503.050.  This great Commonwealth of Kentucky is a “no retreat state.”  If somebody is posing an imminent threat to you, pursuant to above, you can defend yourself without turning around, tucking your tail between your legs, and trying to run.  No offense to the states who require retreat.  But seriously - cowboy up.

Homicide is an extremely serious charge.  You should make sure you have a lawyer who has handled numerous homicide cases.  Specifically, ask the lawyer you speak with if they have handled Kentucky murder charges before, and if they have ever taken a homicide case to a jury trial.  If you are charged with Murder, Manslaughter, or Reckless Homicide in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding regions, call the experienced criminal defense lawyers at Gruner & Simms, PLLC at 502.618.4949.

Nothin' says "Summer" like shotgunning a beer and mowing the lawn...

Question: Can I get a DUI mowing the grass on my own property (assuming it is a riding lawn mower)? 

Answer: Some people like to party. Some people like a nicely trimmed lawn.  Some people like Uncle Sam to leave them alone when they are on their own property.  For all of those people, this blog post is for you.

Any Louisville DUI lawyer worth their salt will tell you that KRS 189A is the statute that controls DUI in Kentucky.  It is a long statute, so I will only post the pertinent sections.

(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state:

    (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

       (b) While under the influence of alcohol;

There are a lot of elements, facets, ifs, ands, and what-have-yous to DUI.  For the purpose of this discussion I will concentrate on 2 portions - 1) the interpretation of the term “motor vehicle” and 2) the geographical scope of the law.

First, the question is this:  Does a riding lawn mower count as a “motor vehicle?”

Turning to the caselaw of this great Commonwealth, we find a couple of cases that are (sort of) on point.  Let’s start with mopeds.  Not surprisingly, in Adams v. Com., 275 S.W.3d 209 (Ky. Ct. App. 2008), the Kentucky Court of Appeals found that a moped is a “motor vehicle” for defining DUI offenses.  For those who think drinking and plowing sounds like a great way to spend a Saturday, I direct your attention to Nemeth v. Com., 944 S.W.2d 871 (Ky. Ct. App. 1997), wherein the same Court found that farm tractors count as motor vehicles.

Finding no case about lawn mowers (although I swear I have read one), we will turn to the reasoning in the Adams case for direction.  Without boring you to death, the Court in Adams found a moped to be a motor vehicle because it has a motor and it is a means of transporting a person.  If a Kentucky Court applied the Adams reasoning, they would most likely come to the conclusion that a riding mower is a motor vehicle - as it also has a motor and can transport a person.

But what if you are not George Jones and you have no intention of taking your Husqvarna to the local bar?  What if you intend to stay on your own property and mow your own lawn?  This question brings us to the geographic scope of the law - which is broad.

Our Kentucky Supreme Court tackled the issue of DUI on private property in Lynch v. Com., 902 S.W.2d 813, 815 (Ky. 1995).  The Court found that an arrest for DUI on private property is indeed proper.  Apparently, the first sentence of KRS 189A is read strictly, and “anywhere in the state” really means “anywhere in the state.”

So the answer is “Yes.  You can get a DUI mowing the grass on your own property.”

DUI is a serious charge.  Don’t trust your case to a lawyer who handles DUIs “every once in a while.”  If you have a DUI charge in Louisville, Lexington, Frankfort, Elizabethtown, or the surrounding areas, call an experienced Louisville DUI lawyer at Gruner & Simms, PLLC.  There is no charge for an initial consultation, so call 502.618.4949 or visit www.grunersimms.com today.  

Results.  As fast as the law will allow.

Free in Kentucky: Nothin' says "Summer" like shotgunning a beer and ...

Free in Kentucky: Nothin' says "Summer" like shotgunning a beer and ...: "Question: Can I get a DUI mowing the grass on my own property (assuming it is a riding lawn mower)? Answer: Some people like to party. S..."