Tennessee Criminal Lawyer Blog

Recent amendments have changed the way Tennessee prosecutes statutory rape in some situations. The Child Protection Act of 2006 made changes to several aspects of Tennessee law including the definition of statutory rape. The definition of statutory rape has been expanded to include different types of offenses and penalties based on the respective ages of the victim and the defendant. Previously statutory rape was a Class E felony defined as unlawful sexual penetration between the defendant and victim when the victim was between thirteen and eighteen years old and the defendant was at least four years older than the victim. (Tenn. Code Ann. 39-13-506 2003). By passing the Child Protection Act of 2006 in July of 2006, the legislature changed the definition of statutory rape and defined the crimes of mitigated statutory rape and aggravated statutory rape.

Statutory rape is now defined as unlawful sexual penetration between the defendant and victim when the victim is between thirteen and fifteen years old and the defendant is four years older or when the victim is between fifteen and eighteen years old and the defendant is five years older. Mitigated statutory rape occurs when the victim is between fifteen and eighteen years old and the defendant is between four and five years older than the victim. Aggravated statutory rape occurs when the victim is between the ages of 13 and 18 and the defendant is at least 10 years older. (Tenn. Code Ann 39-13-506 2006) These changes in the law affect the penalties associated with these offenses. Mitigated statutory rape and statutory rape are both Class E felonies with a potential one to six year sentence. Aggravated statutory rape is a Class D felony with a potential two to twelve year sentence. Both men and women can be prosecuted for these offenses.

Statutory Rape under the Child Protection Act of 2006
Mitigated Statutory Rape: Victim 15-18 years old, Defendant 4-5 years older, Class E felony

Statutory Rape: Victim 13-15 years old, Defendant at least 4 years older, Class E felony

Statutory Rape: Victim 15-18 years old, Defendant at least 5 years older, Class E felony

Aggravated Statutory Rape : Victim 13-18 years old, Defendant at least 10 years older, Class D felony

In any situation where you or your family is dealing with the issue of statutory rape, it is very important to consult an experienced criminal law attorney. An attorney will help you understand and analyze the charges you are dealing with and help get your life back on track.