Tennessee Criminal Lawyer Blog

Tennessee sex crime attorneys are experienced in defending clients accused with statutory rape in Tennessee. Statutory rape laws are based upon the concept that a minor may desire sexual intercourse, but lacks the necessary mental faculties possessed by adults to make informed decisions as to whether or not to have sexual intercourse. In other words, minors lack the mental capacity required to legally consent to intercourse.

Age of consent is the age at which an individual can legally consent to intercourse without qualification. There are qualified circumstances where sexual contact with a person under the age of consent is not criminal in nature. A common example occurs when the person to be charged with some form of rape is legally married to a minor.

Tennessee recognizes three forms of statutory rape: mitigated statutory rape, statutory rape, and aggravated statutory rape. Under Tennessee law, statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

• The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or

• The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007).

The penalties for statutory rape can be severe. Statutory rape is a Class E felony under Tennessee law. Class E felonies are punishable by incarceration of not less than one year or more than six years. In addition, Class E felonies are punishable by a fine not to exceed three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007). A conviction of statutory rape will have sexual offender registry implications as well. If you have been charged with statutory rape, or any other sex crime in East Tennessee, contact a Tennessee sex crime lawyer. Our attorneys defend clients accused of committing sex crimes in Knoxville,