Skilled Lebanon Rape Defense Attorneys Protecting Your Rights

What is the definition of rape in Tennessee?

Tennessee law has multiple sexual offenses, but rape is very specific. To be convicted of rape, sexual intercourse must have occurred; otherwise, it cannot be classified as rape. Under this definition, there are six different rape charges.

Rape

Rape is a Class B felony. A conviction can result in prison for anywhere between eight and 30 years, and cost you up to $25,000 in fines. It’s defined as the “unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

(1) Force or coercion is used to accomplish the act;

(2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;

(3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

(4) The sexual penetration is accomplished by fraud.”

Aggravated rape

Aggravated rape is a Class A felony charge, which means a conviction could land you in prison for anywhere between 15 and 60 years, and cost you up to $50,000 in fines. It’s defined as the “unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

(1) 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;

(2) The defendant causes bodily injury to the victim;

(3) 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.”

Rape of a child

The rape of a child is also a Class A felony, and is defined as “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.” There are additional penalties that come along with this type of conviction, including a satellite-based monitoring program.

Aggravated rape of a child

Aggravated rape of a child is a Class A felony, and is “the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three (3) years of age or less.” There are additional penalties that come along with this type of conviction.

Statutory rape by an authority figure

This classification of rape is a Class B felony. It’s defined as “the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

(1) The victim is at least thirteen (13) but less than eighteen (18) years of age;

(2) The defendant is at least four (4) years older than the victim; and

(A) 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 penetration; or

(B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.”

A conviction leaves you ineligible for probation or pre-trial diversion.

Mitigated statutory rape / Statutory rape / Aggravated statutory rape

This classification of rape charge goes as follows:

“(a) 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.

(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

(1) 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

(2) 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.

(c) 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.”

Mitigated and statutory rape are both Class E felonies, which are punishable with one to six years in prison, and a fine of up to $3,000. Aggravated statutory rape is a Class D felony, which comes with a prison sentence of between two and 12 years in prison, and a fine of up to $5,000.