Can I file rape charges based on false promises of marriage?

Full question:

I am living in the state of Tennessee. My boyfriend proposed me for marriage last month, as we were planning to get married by the end of this year. After proposing me for marriage, my boyfriend asked me to have sexual relations with him on many occasions, to which I consented believing that he would marry me. However, now my boyfriend wants to break up with me for no valid reasons. I want to know if I can file a rape case against my boyfriend on the grounds that my consent for sex was on the promise of marriage. Can I allege that my boyfriend had sex with me by fraud, by making false promises of marriage?

• Category: Criminal
• Date: 04/07/2025
• State: Tennessee

Answer:

In Tennessee, rape is defined under Tenn. Code Ann. § 39-13-503. It includes situations where sexual penetration occurs through fraud, force, or without the victim's consent. Specifically, if a person engages in sexual acts by deceiving the other party—such as making false promises of marriage—this may qualify as rape under the law.

The law states that rape is unlawful sexual penetration that occurs under certain conditions, including:

• Using force or coercion;
• Without the victim's consent, when the perpetrator knows or should know the victim did not consent;
• The victim being mentally defective, incapacitated, or physically helpless;
• Accomplished by fraud.

The term 'fraud' encompasses deceit, trickery, and misrepresentation (Tenn. Code Ann. § 39-11-106 (13)). Rape is classified as a Class B felony, which carries a punishment of eight to thirty years in prison and a possible fine of up to twenty-five thousand dollars.

Based on your situation, you may have grounds to file a rape case against your boyfriend, arguing that he deceived you by promising marriage, which led to your consent for sexual relations.