Rape of a Child in Tennessee
When learning that they are facing some type of charges, many criminal defendants immediately ask the same initial question: how much time am I looking at? While the answer to this question generally tends to focus on the maximum term of imprisonment that an individual can face, it is also important to consider whether the charged offense has a statutory minimum that is in excess of the normal range prescribed by Tennessee law. One such offense with an enhanced statutory minimum is rape of a child, which can be found in T.C.A. 39-13-522.
The elements of rape of a child in Tennessee are set forth as follows:
Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of age.
The required element of sexual penetration is defined elsewhere in the Tennessee Code as follows:
"Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required
Thus it is clear that this statute encompasses any type of penetration whatsoever and is not limited to the traditional definitions of sexual activity. It is also important to note the age range that is contemplated by statute, as offenses involving victims who are less than three years of age require that the defendant be sentenced as a Range III offender and offenses where the victim is over thirteen years of age constitute a different offense altogether.
Perhaps the most notable part of this statute is the increase in the minimum sentence from fifteen years for a standard Class A felony to a minimum of twenty-five years for rape of a child, which is a Class A felony but guided by the specific sentencing directives of T.C.A. 39-13-522. Defendants who are convicted under this statute will also be subjected to lifetime registration and monitoring as a sex offender.
Offenses like rape of a child carry a significant amount of jail time and demand that a defendant hire an aggressive and experienced criminal defense attorney to represent them throughout the process. Contact an East Tennessee criminal defense attorney for assistance with your case.
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