As you can see, it is not statutory rape if the people are less than four years apart in age. For example, if you pick up a coat from a rack thinking it is yours, but it is actually that of a neighbor, you may be exonerated because you made a mistake of fact given that the coats were identical.
It does technically not matter if the defendant truly believed the victim was 18, even if the victim told the person he or she was an adult. Under Tennessee law, the person can be convicted on just about any criminal offense based only on the word of the accuser. As a practical matter the State tries to have more evidence, but it is not required. Speaking of evidence, most of these statutory rape cases are based on not only the testimony of the young person, but also on the social media and texts created by the accused person.
This type of forensic computer evidence is almost always present in these kinds of cases and careful attention should be given to this evidence, as well. Rape; child conceived; custody or visitation rights; rights of inheritance Child custody Mediation process; cases involving domestic abuse Parent relocation Allegations of child abuse; protection and treatment of child Part 3.
Visitation Grandparent visitation rights; deceased, divorced or missing parents Part 4. Parenting Plans Restrictions in temporary or permanent parenting plans Title Juveniles Chapter 1. Juvenile Courts and Proceedings Part 6. Child Sexual Abuse Definitions Title Criminal Offenses Chapter Offenses Against Person Part 1. Assaultive Offenses Assault Aggravated assault Violation of order of protection, restraining order, or no contact order Custodial interference Part 5.
Sexual Offenses Aggravated rape Rape Aggravated sexual battery Sexual battery Mitigated statutory rape; statutory rape; aggravated statutory rape; penalties Sexual contact with a minor by an authority figure; penalty Indecent exposure; penalties; exception for breastfeeding Prostitution Patronizing prostitution Promoting prostitution Aggravated prostitution Public indecency Continuous sexual abuse of a child Rape of a child Authority figure; sexual battery; penalty Solicitation of person under 18 years of age Sexual exploitation of minors via electronic means; persons subject to prosecution Aggravated rape of a child Their incapacity is written into the statute—hence the term, "statutory" rape.
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Tennessee and prosecuted as forcible rape. Assaults of a sexual nature may also be charged under the state's assault and battery laws and child enticement and abuse laws.
And for more information about rape between spouses, see Marital Rape Laws. Statutory rape is prosecuted under Tennessee's rape and sexual battery laws. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Rape of a child includes sexual penetration however slight, with a body part or object , including vagina, oral, or anal sex, with a minor who is younger than 13 years old.
This offense is a Class A felony. Aggravated sexual battery includes sexual contact sexual touching—even over clothing— for sexual gratification with a minor who is younger than 13 years old. This offense is a Class B felony. Statutory rape includes sexual penetration, including oral and anal sex, with a child who is at least 13, and a defendant who is at least four years older than the victim; or when the victim is at least 15 and the defendant is more than five but less than ten years older.
This offense is a Class E felony. The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws. Tennessee has six statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Tennessee Age of Consent, as statutory rape or the Tennessee equivalent of that charge.
The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.
Click any charge for more detailed information.
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