Statutory Rape

Statutory Rape in Tennessee Will Make You a Sexual Offender

Statutory Rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is a minor and the defendant is at least four years older.

It is not a defense to prosecution that the sex was consensual, because a minor cannot consent to sex by law due to their age.

This offense will result in the individual being placed on the Sex Offender Registry. If you have been charged with Statutory Rape, please contact me immediately to discuss how we can defend your reputation and your freedom.


I have written an entire consumer guide for individuals charged with this offense, which can be downloaded for free here. You can also read my original blog entry discussing the consumer guide and its contents here.

This resource discusses the statute, defenses, and sentencing for the Tennessee criminal offense of Statutory Rape


Tenn. Code Ann. 39-13-506.  Mitigated statutory rape — Statutory rape — Aggravated statutory rape

(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.

(d)  (1) Mitigated statutory rape is a Class E felony.

(2)  (A) Statutory rape is a Class E felony.

(B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.

(3) Aggravated statutory rape is a Class D felony.


Tenn. Code Ann. 39-13-532.  Statutory rape by an authority figure.

(a) Statutory rape by an authority figure 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 eighteen (18) years of age;

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

(3) 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

(4) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration.

(b) Statutory rape by an authority figure is a Class C felony and no person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35-313.


Excerpt from my Statutory Rape consumer guide:

I. The first thing you need to understand about the offense of statutory rape is that a minor (under 18) cannot legally consent to have sex, so any evidence that you might like to show to suggest that the minor explicitly consented or implicitly consented by her actions (never said no, never said stop, actively participated, “wanted it”[1], etc.) is irrelevant, and therefore inadmissible.

Even if you had a text message from the minor saying “I want to have sex with you,” the jury would never hear it because she still cannot consent.

On a related note, the parents of a minor cannot “give consent” on her behalf. They may tell a person that it’s okay, but having them write a permission slip will not protect you from prosecution; the fact is that the act is illegal, and that isn’t waived by getting the parents’ permission.

II. The second thing you need to know about this offense: statutory rape is a “strict liability” crime, which means that your mental state does not matter. I know, it seems crazy, but you could not even present proof that the minor lied to you and that you relied on her false statement and acted upon an honest, reasonable, but mistaken belief that she was of legal age.

Perhaps you were planning to tell the jury that you demanded that the minor show you her driver’s license, and that she had a fake driver’s license showing that she was twenty-one. Now all that you’ve done is admit that you had suspicions about her age! So you see, it cannot help you, and but it can absolutely hurt you. Besides, it’s irrelevant and inadmissible.

If you look at the statute, you’ll see that there is no mental requirement, such as “intentionally,” “knowingly,” “recklessly,” or “negligently” – the prosecutor does not have to prove that you knew the minor’s age because it’s simply not part of the offense. (And on the flip side, you can’t testify that you didn’t know either.)

III. The third thing you need to understand about this offense is that statutory rape is completely different from forcible rape. For many years, I have griped to everyone who will listen that statutory rape should be re-named “Unlawful Sexual Intercourse with a Minor.” Okay, that doesn’t sound like something you would want to be charged with either, but the point is that people would understand that it’s different from the “rape” that most people think of, which is accomplished by “force or coercion.” Tenn. Code Ann. § 39-13-503.

Because the two offenses are different (Statutory rape being about sexual intercourse with a minor, and Rape being about sexual intercourse through force or coercion), the same act could actually qualify as both Statutory Rape and Rape at the same time if it might the elements of each offense.


What facts can make the charge more serious?

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. Statutory rape is a Class E felony. The range of punishment for a Class E felony is “not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000).” Tenn. Code Ann. § 40-35-111.

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. Aggravated statutory rape is a Class D felony. The range of punishment for a Class D felony is not less than two (2) nor more than twelve (12) years.” In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000).” Tenn. Code Ann. § 40-35-111.

Keep in mind that each sexual act can count as a separate incident and support multiple convictions. State v. Hogg, — S.W.3d –, 2014 Tenn. LEXIS 668 (Tenn. Sept. 25, 2014).


Could this charge put me on the Sex Offender Registry?

Statutory rape will not normally place a criminal defendant onto the Sex Offender Registry. However, there’s a bit of a wrinkle here, because the statute states that the trial judge “may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender.”

In general, the wording suggests that in case the prosecutor were to take the case too lightly (like that’s ever happened), but yet the judge is offended and thinks that the defendant got ‘too good of a deal,’ the judge could consider the fact that if the original charge was the aggravated statutory rape or if the facts were especially heinous, the judge could consider the original allegations and disregard the agreed upon plea agreement between the prosecution and the defendant.

This is a new development and it’s not entirely clear how this will play out; for example, will they person who is judicial diversion eligible be placed on the registry only until the successful completion of diversion, and then be removed afterward? Time will tell.


Can I get a diversion on this offense?

If you’ve done some research online (perhaps on my website, which is located at MemphisDiversion.com), then you know that judicial diversion is a wonderful program that allows individuals with little to no criminal background to enter a guilty plea in a manner that avoids future jail time and the eventual expunction of the criminal charge upon the successful completion of a probationary period. Tenn. Code Ann. § 40-35-313.

After the criminal defendant enters a guilty plea, the sentence is suspended and the charge would show on a criminal background check as a pending offense (not a conviction). If the criminal defendant is successful, he or she has achieved the same result as winning at trial.

Statutory rape is eligible for diversion unless the defendant is accused of Statutory rape by an authority figure, as described in Tenn. Code Ann. § 39-13-532. (But see the previous question regarding for more information on this).


What defenses are unavailable?

A criminal defendant seeking to raise a defense against the criminal charge of statutory rape cannot argue that because the minor actively participated in the act, she should be charged as an accomplice. Further, the defendant cannot argue that accomplice testimony is insufficient to sustain a conviction without additional corroboration, and that he or she cannot be convicted unless there are other witnesses or other evidence beyond the minor’s testimony.

At one time, this argument was well-settled law in Tennessee, so you may find some cases on the Internet that suggest as much. However, Tennessee courts recently ruled that a victim of a statutory rape cannot be charged, and thus does not qualify as an accomplice. These courts also overruled all prior decisions requiring corroboration of the victim’s testimony, so these prior cases are no longer “good law.” State v. Collier, 411 S.W.3d 886, 899 (Tenn. 2013)

[1] Forgive me for handling this content indelicately, but unfortunately these are the facts that we have to deal with. You might as well get used to the unsettling feeling of discussing your private conduct under the bright lights and judgmental attitudes of the courtroom; it’s just the nature of sex crime cases.


Could law enforcement seize my house or car over this?

Yes. If a criminal defendant was found to have used his or her house or any personal property in the commission of a sex offense against a minor, the real or personal property is subject to judicial forfeiture. The offense must be committed against a person under eighteen (18) years of age on or after July 1, 2006. Tenn. Code Ann. § 39-13-530.