(A) Lack of consent.
(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without the consent of the victim.
(2) Lack of consent results from:
(a) Incapacity to consent; or
(b) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
(3) A person is deemed incapable of consent when he or she is:
(a) Less than 16 years old;
(b) Mentally defective; or
(c) Mentally incapacitated.
(KRS 510.020)
(B) Defenses.
(1) In any prosecution under this chapter in which the victim's lack of consent is based solely on his or her incapacity to consent because he or she was, at the time of the offense:
(a) Less than 16 years old;
(b) 16 or 17 years old and the defendant was at least ten years older than the victim;
(c) An individual with an intellectual disability;
(d) Mentally incapacitated; or
(e) Physically helpless.
(2) The defendant may prove in exculpation that at the time of the conduct constituting the offense he or she did not know of the facts or conditions responsible for such incapacity to consent.
(KRS 510.030)
(1980 Code, § 1020.16-2)