Can we charge the 19-year-old girl with statutory rape?

Full question:

I have a son who is 17 years old and up till about 4 months ago by his own admission he was a virgin. During the winter time there was a 19 year old girl who was kicked out of her sister's house and needed a place to stay. I let here spend the night. I've just learned that on this night she asked my son that after we were all asleep if he wanted her to come to his room. He did to his mistake and now we think she might be caring his baby. He has seen her recently and she is showing. She did tell us at the beginning she was pregnant and I told her we would go to the health department to find out. She wouldn't go. Later she told my son she had miscarried. Now with her showing I just don't know. I guess my question is if we chose to could we get her for statutory rape?

  • Category: Criminal
  • Date:
  • State: Tennessee

Answer:

In Tennessee, statutory rape laws define unlawful sexual activity based on the ages of the individuals involved. According to Tennessee law (Tenn. Code Ann. § 39-13-506):

  • Mitigated statutory rape
  • Statutory rape
  • Aggravated statutory rape

In your case, your son is seventeen, and the girl is nineteen. Since she is more than five years older than him, this situation could potentially fall under the statutory rape category. However, pursuing charges would depend on various factors, including the willingness of law enforcement and the circumstances surrounding the incident.

It may be beneficial to consult with a legal professional for guidance on how to proceed.

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

In Tennessee, the age of consent is 18 years old. This means individuals under 18 cannot legally consent to sexual activity. If someone engages in sexual activity with a minor, they could face statutory rape charges depending on the circumstances.