Tennessee Criminal Lawyer Blog

On June 2, 2009, a Rogersville, Tennessee, woman testified before a jury that a former Hamblen county Sheriff’s Office Deputy, Dexter L. Morris, raped her in the back of his police cruiser. According to the prosecution, Deputy Morris stopped the victim’s vehicle and ordered her boyfriend to walk home after finding some marijuana. The deputy then allegedly coerced her into having intercourse with him after he threatened her with Tennessee drug possession charges and getting her fired from her job.

If these allegations are true, then the deputy will likely be convicted of rape or aggravated rape. Under T.C.A. § 39-13-503, rape involves the unlawful sexual penetration of a victim by the defendant if the act is accompanied, among other things, by coercion or is otherwise accomplished without the consent of the victim and the defendant had reason to know that the victim did not consent. Thus, under the allegations, it looks like the deputy used his power as a police officer to coerce the victim into having sex with him.

The attorney for the deputy countered with the affirmative defense of consent. Under this defense, the defendant basically admits to having sexually penetrated the alleged victim but asserts that the sexual act was performed with the explicit or implicit consent of the alleged victim. According to the Knoxville News Sentinel, the attorney for the defendant’s theory of the case is that the deputy was not acting as a lawman “flexing his legal might but a man enjoying an illicit tryst with a willing partner.”

This case illustrates what often occurs in Tennessee sex crime cases: the alleged victim’s credibility is pitted against the credibility of the defendant. Such physical evidence as DNA and other forensic evidence, therefore, becomes exceedingly crucial in mounting an effective defense. Moreover, proof of consent requires having an attorney who is skilled in argumentation and who has access to, and makes the best use of, psychologists, character witnesses, and expert private investigation services.

The mere accusation of rape can have a devastating impact on a person’s life in terms of reputation and the ability to keep or get a job. A conviction of a rape also carries extensive jail time, fines and the possibility of having to register as a sex offender. Consequently, if you have been charged with a rape-related offense in Tennessee, it is important that you act quickly by calling an experienced Knoxville criminal defense attorney today.