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DEFENDING A SODOMY CHARGE

HIRE A SEX CRIME LAWYER IN LEXINGTON

The term “sodomy” is widely thought to be out of date, and therefore not a major concern for sex crime defense lawyers. What many people don’t know is that sodomy laws still exist in the U.S. in several states. At Bleile & Dawson, our Lexington sex crime attorneys are committed to battling outdated and unfair charges like sodomy in court. If you or someone you know has been accused of this crime, contact Bleile & Dawson now to protect your rights.

WHAT IS SODOMY?

Under United States law, sodomy may include any number of sex acts the government has deemed unnatural, immoral, or deviant. Because what constitutes deviant behavior can be hard to define, a charge of sodomy often exists in a legal grey area. Historically, sodomy laws have been used to target homosexual couples rather than heterosexual on Sodomyes. They also may encompass any number of consensual sex acts performed in the privacy of one’s own home. For these reasons, sodomy laws have largely been found to be unconstitutional across the United States.

HOW CAN A SODOMY CHARGE AFFECT ME?

Today, many states have all but abolished sodomy laws. While certain behavior may be deemed illegal if done in public, in recent years, legislatures in these states have largely stayed away from regulating consensual sexual activity between adults in the privacy of their own homes.

Kentucky is one state where sodomy is still illegal, under statute KRS 510.070, which prohibits sodomy in the first degree. According to KRS 510.070, a person may be found guilty of sodomy when:

  • “He engages in deviate sexual intercourse with another person by forcible compulsion; or
  • He engages in deviate 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.”

According to another state statute, KRS 510.010, “deviate sexual intercourse” constitutes, "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." Under KRS 510.070, sodomy in the first degree is a Class B felony, except in cases where the victim is under 12 years old or has suffered severe injuries, in which case it is a Class A felony. In Kentucky, a Class B felony may carry a prison sentence ranging anywhere between 10-20 years, while a Class A felony may carry a prison sentence anywhere between 20-50 years.

HOW TO FIGHT A SODOMY CHARGE

As you can probably already tell from reading the definition, a sodomy charge does not include anything that would not already be covered under rape laws most anywhere in the country. Moreover, by using the word “he,” the Kentucky statute is clearly phrased in a way which reflects an inherent bias against the gay community. Unfortunately, the penalties for sodomy in Kentucky remain extremely harsh. For these reasons, it is evident that being charged under KRS 510.070 is an unjust offense, and one that merits taking to court.

Don’t let your civil rights be violated by Kentucky’s antiquated sodomy law. Call the Lexington sex crime attorneys at Bleile & Dawson for experienced legal defense today. Our team has over 30 years of collective experience serving clients across Kentucky. At Bleile & Dawson, we take a personalized approach to every case, and our extensive success record speaks for itself.

Dial (859) 951-3112 or send us a message here to start fighting for your rights now!

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