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Statutory Rape

YOUR CRIMINAL DEFENSE ATTORNEY AGAINST CHARGES OF STATUTORY RAPE

The Cornell School of Law defines statutory rape as the act of sexual intercourse with one person under the age of consent.

police arrested a guy for statutory rape charges

The state of Tennessee further defines statutory rape 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 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.

Because the person under the age of consent cannot legally give consent, the law views the act as non consensual and therefore form of rape. Because the underage person cannot legally give consent, the act of sexual intercourse is  inherently viewed as being coercive, meaning that the older person forced the underage person to engage in the activity.

Term Usage

The term “statutory rape” does not work as an all-inclusive term to describe all sexual crimes involving underage participants, but it can be used to describe various similar crimes. Depending on the specifics of a given situation, the term “statutory rape” might be used to describe situations involving sexual assault or child molestation.

Age of Consent

As stated earlier, the age of consent plays a crucial role in determining whether statutory rape charges would apply in a given situation. As with many other states in the U.S., the state of Tennessee has set the age of consent at 18. Age is further defined in the context of difference in age of the victim and the accused as seen below in Breakdown of Statutory Rape Offenses.

Breakdown of Statutory Rape Offenses

• Mitigated statutory rape

This crime refers to situations involving the sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim’s age was between 15 and 18 years old and the defendant was between four to five years older than the victim.

• Statutory rape

The same situation, but with some new numbers included for specifics: the victim was between the ages of 13 and 15 and the accused was between four to 10 years older, or the victim was between 15 and 18 years old and the defendant was between five and 10 years older.

• Aggravated statutory rape

The victim was between 13 to 18 years of age and the defendant was at least 10 years older than the victim at the time of the crime.

Both mitigated statutory rape and statutory rape currently get classified as a Class E felony by state law, while aggravated statutory rape has been classified as a Class D felony. Class E felonies carry prison sentences ranging from one to six years and a maximum fine of $3,000, while Class D felony penalties include two to 12 years in jail and fines topping $5,000.

In addition, a statutory rape conviction will compel the individual to submit their name and identification to the state’s sexual offender database, which can inhibit the individual to face employment and social challenges for the rest of their life.

Let Us Help

Being accused of statutory rape can be frightening when you consider the penalties if convicted and the social ostracization you could experience being known as a “rapist.” 

Given what is at stake, having smart and experienced legal representation on your side is critical when facing these charges. Murfreesboro criminal defense attorney David Clarke is well prepared to help you or a loved one with these charges.

To find out more about how we can help, contact The Clarke Law Firm today.

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