Defending Yourself Against Rape Allegations

Rape is defined by Tennessee Code Annotated § 39-13-503 as unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

  1. Force or coercion;
  2. Without the consent of the victim;
  3. Mentally defective victim; or
  4. Sexual penetration is accomplished by fraud.

There are many crimes which are related to or variations of rape, including:

  • Aggravated Rape (Tennessee Code Annotated § 39-13-502)
    • Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
      • (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
      • (2) The defendant causes bodily injury to the victim;
      • (3) The defendant is aided or abetted by one (1) or more other persons; and
        • (A) Force or coercion is used to accomplish the act; or
        • (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
  • Sexual Battery (Tennessee Code Annotated § 39-13-504 & 505)
    • Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
      • (1) Force or coercion is used to accomplish the act;
      • (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
      • (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
      • (4) The sexual contact is accomplished by fraud.
    • Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
      • (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
      • (2) The defendant causes bodily injury to the victim;
      • (3) The defendant is aided or abetted by one (1) or more other persons; and
        • (A) Force or coercion is used to accomplish the act; or
        • (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
      • (4) The victim is less than thirteen (13) years of age.
  • Statutory Rape (Tennessee Code Annotated § 39-13-506)
    • 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.
    • 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.
    • 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.

Contact Our Firm

If you're facing allegations that you raped someone, you need to start protecting yourself from harsh prosecution right away. Even an allegation of rape can ruin someone's chances of maintaining employment or a scholarship. At McKellar & Easter, Attorneys at Law, we understand the full impact that rape allegations can have on a person. We want to help you.

To schedule a free initial telephone consultation with one of our lawyers, call 865-566-0125 or send us an email. Appointments are available at any of our three offices: Knoxville, Tennessee; Nashville, Tennessee; and Atlanta, Georgia. We accept credit cards.