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Sexual assault and other sex offenses

Rape; Assault; Sexual Abuse

Following a conviction of first-degree assault, first-degree rape, and first-degree sexual abuse, the Appellant appealed arguing the trial court committed reversable error when it denied his motion for directed verdict on the charge of first-degree assault and that he was prejudiced by statements made by the Commonwealth during voir dire concerning the concept of proof beyond reasonable doubt. Affirmed.

Human Trafficking; Human Trafficking Victims Service Fee

Any person convicted of an offense in KRS 529.100 or 529.110 shall be ordered to pay, in addition to any other fines, penalties, or applicable forfeitures, a human trafficking victims service fee of not less than ten thousand dollars ($10,000) to be remitted to the fund created in KRS 529.140. Appellant argued that the trial court should have waived the fee as to him, due to indigency. Affirmed.

Domestic Violence Order

On appeal of the entry of a domestic violence order, the Appellant argued that the findings of an abuse of power in a relationship and allegations of sex videos being sold online without Appellee’s consent, are not sufficient to support the statutory definition of domestic violence and abuse. Affirmed.

 

Criminal Law; Sex Offenses; Attempt Crimes; Post-Incarceration Supervision

Issues include whether a defendant who is convicted of an attempted sex crime is required to complete post-incarceration supervision where the provisions of the supervision statute make no mention of attempt crimes, but the provisions of another sex offender statute—SORA—expressly include attempt crimes. Affirmed in part. Reversed in part. Remanded.

 

Robbery; Burglary; Sexual Assault

For roughly six weeks, students at the University of Louisville reported a series of robberies, burglaries, and a sexual assault for which the appellant was ultimately charged and convicted. Prior to trial, the appellant moved the court to sever the first-degree rape, first-degree robbery, and firstdegree burglary charges, which all involved the same victim, from the remainder of the charges. When weighed against the remaining charges, the trial court correctly found the single incident of rape and assault insufficient to require severance under RCr 8.31. Affirmed.

 

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