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,

Tennessee sex crime attorneys defend people charged with sex crimes in a respectful and confidential manner. Given the public stigma attached to a sex crime, it seems like people are often presumed to be guilty. Prosecutors sometimes charge a person with a sex crime with little or no factual evidence.

If you are charged with a sex crime in Tennessee, protect your rights by contacting a sex crime lawyer for a free initial consultation. Many times, these charges come down to circumstantial evidence. Our firm handles sex crimes cases including charges of:

• Rape
• Statutory Rape
• Sexual Battery
• Indecent Exposure
• Exploitation of a Minor by Electronic means

False accusations of any sex crime will cause a disaster in your life. When facing such allegations, you need an attorney to defend you aggressively. Given the fact that you may face time in prison and a long-lasting societal stigma, it is important to know that your lawyer will work diligently for you.

You deserve an aggressive advocate who is on your side. Call for a free initial consultation with an experienced lawyer about your case. Tennessee criminal defense lawyers handle sex crime cases in Knoxville, Sevierville, Nashville, Chattanooga, Johnson City, Morristown, Newport, Maryville, Alcoa, Loudon, and Gatlinburg.

Tennessee sex offense lawyers know that allegations of child molestation, indecent exposure, rape, sexual battery, solicitation of prostitution, or any other type of criminal sexual misconduct can result in a lifelong stigma and great losses to a person’s career, family, and reputation. Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or someone you know has been charged with committing a sex offense, it is very important to contact a criminal defense attorney.

According to Tennessee law, sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act;
• The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The sexual contact is accomplished by fraud. Tenn. Code Ann. § 39-13-505 (2007).

Coercion means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. Sexual battery is a Class E felony.

Being charged with a sex offense can lead to very serious consequences including jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and being shunned by society. If you are accused with sexual battery, or any other sex offense, you should speak to an attorney immediately to learn more about your rights, the defenses available, and the legal system. Our criminal defense attorneys handle sex offense cases across East Tennessee including Knoxville, Johnson City, Bristol, Chattanooga, Morristown, Sevierville, Greenville, Loudon, Maryville, and Newport.

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.

a href="http://www.joebakerlaw.com/html/meet.html">Tennessee criminal defense attorneys are experienced in defending sex crime cases. Under Tennessee law, teachers, coaches, priests, police and other authority figures are held to a higher standard when it comes to sexual battery. Sexual battery by an authority figure is considered to be more serious than regular sexual battery. These types of cases are highly discussed, and seem to be in the news frequently.

Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances:

• The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or
• The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and,

• The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or
• The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact. Tenn. Code Ann. § 39-13-527 (2007).

Sexual battery by an authority figure is a Class C felony. Your Tennessee criminal attorney needs to be experienced in sex crime cases. These types of cases have special considerations which affect all parties involved. Allegations are sometimes easy to make, but can be difficult to disprove. Our Tennessee attorneys handle all types of sexual offenses including sexual battery by authority figure, statutory rape, and rape in the Knoxville, Sevierville, Johnson City, Morristown, Maryville, and Newport areas.

Tennessee sex crime lawyers realize the consequences that a conviction for a sex crime can have upon your life. There are numerous different sex crimes under Tennessee law, and the differences between the various prohibited conducts can sometimes be slight.

The crime of indecent exposure closely resembles the crime of public indecency, which will be discussed in a later blog. There are basically three different subsections for the state to prosecute someone for under the indecent exposure statute. The first subsection of the statute encompasses behavior that people would traditionally believe should constitute indecent exposure. According to Tennessee law, A person commits the offense of indecent exposure who:

(A) In a public place, or on the private premises of another, or so near thereto as to be seen from the private premises:

(i) Intentionally:

• Exposes the person's genitals or buttocks to another; or
• Engages in sexual contact or sexual penetration; and

(ii) Reasonably expects that the acts will be viewed by another and the acts:

• Will offend an ordinary viewer; or
• Are for the purpose of sexual arousal and gratification of the defendant. Tenn. Code Ann. § 39-13-511 (2007).

The offense of indecent exposure expands prior law by including acts of sexual contact or sexual penetration in a public place, or on the private premises of another, or where the activity may be seen from the private premises of another.

(B) A less commonly known form of indecent exposure pertains to the following behavior. A person can commit the offense of indecent exposure who knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:

• Exposure of such person's genitals, buttocks or female breasts; or
• Masturbation.
• The defendant must be eighteen years of age or older and the child victim must be less than thirteen years of age for this section to apply. Tenn. Code Ann. § 39-13-511 (2007).

(C) A person confined in a penal institution, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard:

• Intentionally exposes the person's genitals or buttocks to the guard; or
• Engages in sexual contact Tenn. Code Ann. § 39-13-511 (2007).

The penalties for indecent exposure can be stiff. Depending upon the circumstances, it might be a felony, or a misdemeanor. If you are charged with indecent exposure under Tennessee law, contact a criminal defense attorney. Our lawyers handle sex crime cases in Knoxville, Sevierville, Newport, Maryville, Dandridge, Morristown, and Johnson City.

Tennessee sex offense attorneys handle many sexual offenses. Our lawyers work in Knoxville, Sevierville, Gatlinburg, Newport, Johnson City, and Morristown. According to Tennessee law, a person commits the offense of public indecency who, in a public place knowingly or intentionally:

• Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;
• Appears in a state of nudity; or
• Fondles the genitals of the person, or another person. Tenn. Code Ann. § 39-13-511 (2007).

The prohibited conduct which constitutes most crimes is generally illegal no matter where the location of that conduct occurs. Public indecency is somewhat different than most crimes because the prohibited behavior may legally occur in certain locations. In other words, what is illegal in a parking lot probably is legal in your home under this statute. The definition of “public” becomes an important part of the public indecency statute.

According to the statute, "public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public place" includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Tenn. Code Ann. § 39-13-511 (2007).

Interestingly, it is a statutory defense to public indecency that the person made intentional and reasonable attempts to conceal himself or herself from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state.

The crime of public indecency differs slightly from the crime of indecent exposure in that in indecent expose, the defendant must reasonably expect that the acts will be viewed by another and the offended person must be an "ordinary viewing person."

The penalties for public indecency are as follows: A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars. A third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars or confinement for not more than eleven months and twenty-nine days, or both. If you have been charged with public indecency, contact a criminal defense lawyer.

If you have been charged with sexual exploitation of a minor, or any other sex crime, contact a Tennessee criminal defense attorney. Our criminal defense lawyers handle sex crime cases throughout East Tennessee including Knoxville, Johnson City, Newport, Maryville, Loudon, Sevierville, Kingsport, Morristown, Bristol, Chattanooga, and Madisonville.

The internet can be used for an unlimited number of purposes, including crime. Although allegations of sexual exploitation of a minor are typically brought in connection with a computer, a computer is not necessary to bring this type of charge. There are actually three offenses relating to the sexual exploitation of a minor under Tennessee law: sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor.

Under Tennessee law, it is unlawful for any person to knowingly possess material that includes a minor engaged in:

• Sexual activity; or

• Simulated sexual activity that is patently offensive. Tenn. Code Ann. § 39-17-1003 (2007).

It is important to define what constitutes sexual activity under the statute. "Sexual activity" means any of the following acts:

• Vaginal, anal or oral intercourse, whether done with another person or an animal;

• Masturbation, whether done alone or with another human or an animal;

• Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

• Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

• The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

• Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

• Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person. Tenn. Code Ann. § 39-17-1002 (8)(2007).

It is important to realize that a person possessing material that violates the sexual exploitation of a minor statute may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. This means that if you have fifty prohibited images in your possession, you could be charged up to fifty times.

The trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the prohibited material.

The trier of fact may also consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether the material or image otherwise represents or depicts that a participant is a minor.

A violation of the sexual exploitation of a minor statute is a Class D felony. If the number of individual images, materials, or combination of images and materials that are possessed is more than fifty, then the offense shall be elevated to a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred, the offense shall be a Class B felony. The consequences of any sex crime conviction are serious. If convicted, you can expect serious jail time, fines, registration as a sex offender, and public embarrassment. Contact a sex crime attorney immediately if you are charged with sexual exploitation of a minor.

Tennessee sex crime lawyers help individuals accused of various sex crimes in the East Tennessee area. Many times, allegations that you have committed a sex crime will turn your life into chaos. You could lose your job, family, and even freedom. Don’t let false allegations destroy your life. If you have been accused of committing a sex crime, contact a Tennessee sex offense attorney. Our sex crime lawyers help clients in Knoxville, Sevierville, Newport, Maryville, Johnson City, Bristol, Chattanooga, Morristown, and Loudon.

Aggravated sexual battery is one of the more serious sex crimes. There are four ways to commit aggravated sexual battery under Tennessee law. According to Tennessee law, aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one (1) or more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than thirteen (13) years of age. Tenn. Code Ann. § 39-13-504 (2007).

The consequences for a conviction of aggravated sexual battery are severe. Aggravated sexual battery is a Class B felony under Tennessee law. Class B felonies are punishable between eight and thirty years incarceration. In addition, the jury may assess a fine up to twenty-five thousand dollars ($25,000). Tenn. Code Ann. § 40-35-111 (2007). Besides large fines and long periods of confinement, you are subject to Tennessee’s sexual offender registry if you are convicted of aggravated sexual battery. If you are charged with aggravated sexual battery, or any other sex crime under Tennessee law, contact a sex crime attorney today for a free consultation.

Tennessee sex crime attorneys know that sex crime cases in Tennessee can be challenging. The stigma associated with any sex crime arrest requires the attorney to work diligently for a timely resolution. A previous blog discussed the crime of statutory rape in Tennessee. This blog discusses mitigated and aggravated statutory rape.

Statutory rape is divided into three categories in Tennessee: statutory rape, mitigated statutory rape, and aggravated statutory rape. Variances between the victim’s age and the defendant’s age are the differences between these crimes. If the difference in the age is small enough, the defendant may be charged with mitigated statutory rape. According to Tennessee law, Mitigated 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 fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007). Mitigated statutory rape is a Class E felony. Class E felonies are punishable by one to six years incarceration and a fine up to three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007).

If the difference in the age is large enough, the defendant may be charged with aggravated statutory rape. Aggravated 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 eighteen (18) years of age and the defendant is at least ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007) Aggravated statutory rape is a Class D felony. Class D felonies are punishable by two to twelve years incarceration and a fine up to five thousand dollars ($5,000). Tenn. Code Ann. § 40-35-111 (2007).

If you have been charged with sexual misconduct, sexual battery, sexual battery by an authority figure, aggravated sexual battery, rape, statutory rape, aggravated statutory rape, or any other sex crime in Tennessee, contact a Tennessee sex crime attorney. Our sex crime attorneys will evaluate your case, and discuss your legal options.

Tennessee criminal defense attorneys realize the negative implications of any sex crime arrest. It is important for these types of cases to be dealt with swiftly, but cautiously for a positive resolution. Sex crime cases almost always present high emotions combined with significant public interest. The offense of Incest in Tennessee is considered one of the more serious sex crimes.

Under Tennessee’s sex offender registration act, a conviction of Incest forces the offender into the violent sexual offender category. The act makes a distinction between sexual offenders and violent sexual offenders. The violent classification has certain legal consequences and is considered more serious than sexual offenders. Under Tennessee law, a person commits incest who engages in sexual penetration with a person, knowing the person to be, without regard to legitimacy:

• The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or

• The person's brother or sister of the whole or half-blood or by adoption.

Incest is a Class C felony. Tenn. Code Ann. § 39-15-302 (2007).

"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. Tenn. Code Ann. § 39-13-501 (2007).

The Tennessee incest law now forbids a wider range of relationships than did prior incest laws by adding adoptive and step-parent and step-child relationships. This change was made to promote family solidarity by prohibiting relationships with anyone with parental authority which may be abused to sexual ends.

If the sexual penetration is nonconsensual, the offender could be charged with rape or aggravated rape. If one of the parties is a minor who is legally incapable of consenting, the offender may be charged with statutory rape despite consent being given. If you have been charged with any sex crime including incest, contact a Tennessee criminal defense lawyer. Our office handles sex crime cases in Knoxville, Nashville, Johnson City, Sevierville, Chattanooga, Greenville, Morristown, and Maryville.

Tennessee criminal defense lawyers realize that powerful emotions are involved during any sex crime case. If you are convicted of a sex crime in today’s society, you face serious consequences beyond jail time. A conviction will force you to report to local sheriff’s offices periodically upon release from incarceration. In addition, the Tennessee Bureau of Investigation (TBI) will place your updated photograph on its website for the public to view. Even false accusations of any sex crime may potentially ruin your life.

Rape of a child is one of the most serious sex crimes in Tennessee. The age of the victim is the primary distinction between rape and rape of a child. 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 years of age but less than thirteen years of age.

Rape of a child is a Class A felony, the highest level of felonies.

Stiff penalties accompany a conviction for rape of a child. A person convicted of a first or subsequent violation of the rape of a child statute shall be punished by a minimum period of imprisonment of twenty-five years. The sentence imposed upon any such person may, if appropriate, exceed twenty-five years, but in no case shall it be less than the minimum period of twenty-five years.

The board of probation and parole may require, as a mandatory condition of supervision for any person convicted of rape of a child, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision. Tenn. Code Ann. § 39-13-522 (2007).

If you have been charged with sexual battery, aggravated sexual battery, sexual misconduct, rape, statutory rape, rape of a child, or any other sex crime, contact a criminal defense attorney. Our office handles these charges in East Tennessee including Nashville, Johnson City, Knoxville, Morristown, Sevierville, Newport, Crossville, and Maryville.

Tennessee criminal lawyers understand that everyone has charged feelings about sex crimes and sex offenders. Unlike other criminal offenses, even an unsubstantiated accusation of a sex crime will bring your life to a halt. Sex crimes create a harsh and unforgiving social-stigma associated with the offender that is difficult to repair. Your reputation in the community will be severely tarnished while finding employment is nearly impossible.

Sex offender penalties can include long prison sentences. Once the offender is released from incarceration, he or she may not start a new life and forget the past in the state of Tennessee. Convicted sex offenders must be on the sexual offender registry pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004. The registration is the modern-day scarlet letter. The offender will be forced to check in with his or her local law enforcement agency periodically and be subjected to having his or her photograph placed upon a public website. The frequency and length of reporting depends upon the person’s classification as either a sexual offender or violent sexual offender. A sexual offender is a person convicted of any sexual offense listed below:

• Sexual battery
• Statutory rape
• Aggravated prostitution
• Sexual exploitation of a minor
• Incest
• False imprisonment where the victim is a minor, except when committed by a parent of such minor
• Indecent exposure upon the 3rd conviction
• Spousal sexual battery

A violent sexual offender is a person convicted of a violent sexual offense listed below:
• Rape
• Aggravated Rape
• Aggravated Sexual Battery
• Rape of a child
• Attempt to commit rape
• Aggravated sexual exploitation of a minor
• Especially aggravated sexual exploitation of a minor
• Aggravated kidnapping where the victim is a minor, except when committed by a parent of such minor
• Especially aggravated kidnapping where the victim is a minor, except when committed by a parent of such minor
• Sexual battery by an authority figure
• Solicitation of a minor
• Spousal rape
• Aggravated spousal rape
• Criminal exposure to HIV

Violent sexual offenders must report quarterly while sexual offenders must report annually. The length of the registration requirements between sexual offenders and violent sexual offenders are drastic. If you are a convicted sexual offender, you can file a request to terminate the registration requirements after 10 years. If you are a convicted violent sexual offender, the registration period is for life.

Your Tennessee criminal attorney should be experienced in sex crime cases. These types of cases have special considerations that affect everyone involved. Allegations are easy to make, but sometimes difficult to disprove. Our Tennessee lawyers handle all types of sexual offenses including sexual battery, statutory rape, and rape in the Knoxville, Sevierville, Pigeon Forge, and Gatlinburg areas.

Our Tennessee attorneys understand that being accused of rape can have long-term implications. In the experience of our Tennessee attorneys, a charge of rape can be devestating. Such a charge can adversely affect one's social, economic, and spiritual well-being. Over the weekend, a highly public accusation of rape occurred in Memphis.

A party guest claims she was raped at a weekend pool party, leaving two rookie Bartlett cops fired, one on administrative leave, and a Collierville firefighter charged with sexual battery and rape.

The incident allegedly occurred Sunday, after a Saturday night pool party in the Deermont Park area at the home of Brandon and Carey Faulkner. A guest was escorted home Sunday, when she alleges Brandon Faulkner raped her in her bedroom.

According to Bartlett Police reports, Brandon, a Collierville firefighter, has been charged with assault, sexual battery and rape. His wife, Carey, is a 10-year Bartlett Police officer, and has been suspended with pay pending the outcome of the investigation.

Two other probationary Bartlett officers present at the party were fired due to 'behavior unbecoming to an officer.'

The incident is being investigated by Bartlett Internal Affairs.

Brandon Faulkner is set to attend a bond hearing Wednesday morning at Bartlett Municipal Court.

If you’ve been charged with rape in Tennesse, consulting an experienced Tennessee attorney can help you understand your legal options and resolve your situation in the best way possible.

Source: myfoxmemphis.com

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.