Stinson v. Commonwealth
Annotate this CaseAppellant entered a conditional Alford guilty plea to first-degree sexual abuse under Ky. Rev. Stat. 510.110(1)(d) and was sentenced to one year's imprisonment. In accordance with his plea, Appellant admitted he did engage in sexual contact with the complainant but maintained that the act was consensual. The court of appeals affirmed, concluding (1) "lack of consent" was not an element of first-degree sexual abuse under section 510.110(1)(d), and (2) the statute was not vague or overbroad. The Supreme Court affirmed, holding (1) "lack of consent" is an element of first degree sexual abuse under the statute, and it was satisfied by the fact that the complainant was unable to consent; and (2) Appellant lacked standing to make his vagueness and overboard challenges to the statute, and even if he had standing, his arguments would be without merit.
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