What is Sexual Assault in Tennessee?The media has been awash in stories of sexual misconduct perpetrated by men in positions of authority on vulnerable people in the entertainment industry, government, sports and other industries. After a few brave women stepped forward and reported the bad behavior of the men who had taken advantage of them, the proverbial floodgates seem to have opened and many women came forward to tell their stories. Women and men who had been sexually assaulted by men in positions of authority in their lives spoke out about their experiences and one by one, the brilliant careers of several previously powerful men came toppling down as everyone watched aghast at what seems to have been going on for decades.

The #MeToo movement, which is almost a decade old, received a lot of attention as women and men came forward to report what happened to them and #TimesUp, which is a movement to fight sexual harassment in the workplace. You hear the terms, sexual misconduct, inappropriate sexual conduct, sexual assault, but are we clear on what these euphemisms really mean from a legal perspective?

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How does Tennessee law define sex-related crimes?

Tennessee has a number of different charges for sex-related crimes. The following is a brief description of sexual offenses and the consequences of a conviction.

Sexual battery

The Tennessee Code defines sexual battery TN Code § 39-13-505 (2016) as unlawful contact with a victim by the defendant or the defendant by a victim accompanied by force or coercion and without the victim’s consent. The defendant knows or has reason to know that the victim in mentally defective, incapacitated or physically helpless or the sexual contact is accomplished by fraud. Sexual battery is a Class E felony. Aggravated sexual battery occurs when there is force or coercion used, when the defendant is armed with a weapon or the victim believes them to have a weapon, if the defendant causes bodily harm or is aided and abetted by one or more other persons. Aggravated sexual battery is a Class B felony.

A Class E felony conviction may result in up to $3000 in fines, and up to 6 years in prison. A Class B felony is punishable by 8to 30 years in prison, and fines of up to $25,000.

Sexual battery by an authority figure

TN Code § 39-13-527 (2016) Tennessee law also distinguishes an offense when it is committed against a person by a figure in authority over the victim. For example, if a high-powered producer were sexually harassing people over whom he had authority, the penalties for their crimes (if committed in Tennessee) would be enhanced. If the victim was 13 years-old, but less than 18-years old; if the victim was mentally defective, physically helpless or incapacitated regardless of their age, or if the defendant was at the time of the offense in a position of trust or had supervisory authority or disciplinary power over the victim, and they used their position of power or trust to accomplish the sexual contact; if the defendant had parental or custodial authority over the victim these acts comprise sexual battery by an authority figure, which is a Class C felony.

The penalties for a Class C felony in Tennessee include 3-15 years in prison, and fines of up to $10,000.

Rape

The sexual offense of rape in Tennessee is defined in the statutes as the unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by, force or coercion, without consent of the victim, if the victim was mentally defective, mentally incapacitated or physically helpless; or the sexual penetration is accomplished by fraud. TN Code § 39-13-503 (2016)

Rape is a Class B felony – up to 30 years and $25,000.

A conviction of any class of felony in Tennessee is a serious matter which will have significant ramifications on your life and your future. If you have been charged with a felony and would like to avoid a conviction, you may schedule a consultation with a Knoxville criminal defense attorney today.

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At Banks and Jones in Knoxville, we know what it takes to build a successful defense strategy for clients facing criminal charges in Tennessee. When you need a fighter in your corner, we are here. Please call 865-546-2141, or complete our contact form to find out more. We will conduct in-custody visits and consultations. We always Fight 2 Win when it comes to your rights.

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