Monday, February 26, 2007

Kentucky sexual assault of minor felony legislation

A bill introduced by Representative Mary Lou Marzion last week would make failing to report sex-abuse offenses against minor children under the age of 16 a felony in the State of Kentucky if it became law.

Under current law, an Enquirer article Saturday said, some types of sex offenses, such as fondling, are classed misdemeanors and have only a 1-year statute of limitation. (Current Kentucky law)

Marzion’s bill seeks to repeal Kentucky’s sexual abuse misdemeanor statute, making sexual assault of a minor a “Class B felony unless the victim is under the age of 12 years old, or receives serious physical injury in which case it is a Class A felony.”

Also, any person who knows, or has reasonable cause to believe, that a child has been the victim of a sexual assault and doesn’t report it to local law enforcement or the State Police, is also guilty of a “Class B” felony and subject to…….. “Neither the husband-wife, nor a professional-client/patient privilege—except attorney-client or clergy-penitent—are grounds for refusing to make a report under” the new section

“Class B” felonies carry penalties of 10-20 year in prison; “Class A” felonies carry terms of 20-50 years imprisonment. (See KRS 532.060)

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