Under what provision can I file a rape case?

Full question:

My daughter is 14 years old and is enrolled in a music course in Tennessee. This course is actually run by two boys who must be somewhere between 17-18 years old. These young boys give music classes to the music lovers in our locality (kids and adults). As the fee for these classes is minimal, many people in the nearby area have enrolled their kids in their music course. Last Sunday when my daughter returned from her class she told me that she was forced to have sex by one of her teachers. Under what provision can I file a rape case against my daughter’s music teacher?

  • Category: Criminal
  • Subcategory: Statutory Rape
  • Date:
  • State: Tennessee

Answer:

Per Tenn. Code Ann. § 39-13-506  (c)  “unlawful sexual penetration of a victim by the defendant” is called as an aggregated statutory rape. Tenn. Code Ann. § 39-13-506 (c) reads:

“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.”

Also, subsection (3) of Tenn. Code Ann. § 39-13-506 states that:

“Aggravated statutory rape is a Class D felony.”

The punishment for Aggravated statutory rape is enumerated in (4) of Tenn. Code Ann. § 40-35-111.

“Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute”
The music teacher may be held guilty under Tenn. Code Ann. § 39-13-506 (c) for committing Aggravated statutory rape. Per (4) of Tenn. Code Ann. § 40-35-111 the court may punish the music teacher with an imprisonment that is neither less than 2 years nor more than 12 years. In addition to the imprisonment the court may also impose fine on the music teacher, which may be five thousand dollars or less.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Aggravated statutory rape in Tennessee refers to unlawful sexual penetration of a victim who is at least 13 but under 18 years old, where the offender is at least 10 years older than the victim. This offense is classified as a Class D felony, which can lead to significant prison time and fines. Understanding this law is crucial for anyone dealing with cases involving minors and sexual offenses. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*