Statutory Rape Defense in Tennessee

Under Tennessee law, sexual offenses involving minors below the age of consent are governed strictly by Tennessee Code § 39-13-506 (Mitigated Statutory Rape, Statutory Rape, and Aggravated Statutory Rape) and Tennessee Code § 39-13-532 (Statutory Rape by an Authority Figure). Unlike forcible rape, statutory offenses do not require proof of force or lack of physical resistance; instead, liability is established based on the chronological ages of the parties and the difference in years between them.

MacNeill Law Firm provides rigorous criminal defense representation across Chattanooga and Southeast Tennessee, meticulously examining age documentation, challenging evidentiary timelines, and protecting clients against severe felony indictments.

Under Tennessee Code § 39-13-506, the state categorizes statutory sexual penetration into three specific tiers based on the age of the minor and the age disparity of the defendant:

• Statute: Tennessee Code § 39-13-506(a)
• Definition: Unlawful sexual penetration where the victim is at least 15 but less than 18 years of age, and the defendant is at least 4 but not more than 5 years older than the victim.
• Classification: Classified as a Class E Felony, carrying 1 to 6 years in prison.

• Statute: Tennessee Code § 39-13-506(b)
• Definition: Unlawful sexual penetration where:
  
  • The victim is 13 or 14 years of age and the defendant is at least 4 but less than 10 years older; OR
  • The victim is 15, 16, or 17 years of age and the defendant is more than 5 but less than 10 years older.
• Classification: Prosecuted as a Class E Felony. Under subsection (2)(B), trial judges are also empowered to evaluate specific surrounding facts, including original charging decisions and plea history.