A sex crime is an illegal sexual act or illegal sexual conduct. Each state has laws that define and prescribe punishments for various forms of sex crimes. The following are some examples of sex crimes in Tennessee.
Tennessee defines rape as the sexual penetration of an individual without the individual's consent. Here are a few things you should know about this definition:
Mentally or physically incapacitated victims are incapable of consent even if they are adults.
Therefore, different people can engage in various forms of activities and end up with the same criminal act of rape. Criminal suspects should know this relatively wide definition of rape so that they know the gravity of their charges. Note that force when the perpetrator uses force or a weapon, the charges rise to aggravated rape.
Statutory rape is when a person penetrates another person who has not reached the age of consent but is older than 12 years , but varies in severity because of Tennessee's close-in-age exemption. The age of consent is the minimum age at which the state acknowledges that a person can legally agree to participate in a sexual act. The age of consent varies by state, in Tennessee; the age of consent is 18.
Thus, if a person has sex with a 16-year-old in Tennessee, the person commits statutory rape even if the 16-year-old "agreed" to the sexual activity. Various subcategories of statutory rape exist. For example, mitigated statutory rape applies if the victim is between the ages of 15 and 17 and the perpetrator is 4 or 5 years older than the victim.
If someone sexually penetrates a child below the age of 13, then the person has not committed statutory rape, but rather, the rape of a child. The key in these cases is that the accused committed the act; the consent (or lack of it) of the child is immaterial because a child cannot consent to a sexual act.
Charges are even more severe if the child is below the age of 4, in which case the accused faces aggravated rape of a child. As you would expect, aggravated rape of a child attracts even more serious punishment that rape of a child.
Unlike other forms of sexual assault, sexual battery doesn't involve penetration. Rather, sexual battery occurs when a person intentionally makes contact with the intimate parts of another person without the victim's permission. The accusations stand whether the perpetrator uses force, fraud, or coercion.
As is the case with rape, physically and mentally incapacitated people automatically can't give sexual consent. Thus, when a person touches the intimate parts of a mentally challenged person, sexual battery charges automatically ensue.
Again, a few subcategories of sexual battery exist. For example, if the defendant used force or a weapon, the charges rise to aggravated sexual battery. Sexual battery against minors also attracts harsher punishments than those against adults.
Indecent exposure is when someone engages in a sexual act or appears in a state of nudity in a public place. For example, a person who masturbates or fondles another person's genitals in a public place will face indecent exposure charges. Indecent exposure is a relatively minor sexual offense if you compare it to other forms of sex crimes.
Sex crimes are some of the most serious criminal charges a person can face. Contact The Law Office of Joe R. "Jay" Johnson, II, the minute the authorities charge you with a sex crime. We believe that every criminal suspect is innocent until the court finds them guilty. We will ensure the government doesn't violate your rights and defend you to the best of our ability.
Phone: 615-384-0284
Fax: 615-384-3224
Email: joe@joejohnsonlaw.com
Address: 115 Fifth Ave. West Springfield, TN 37172
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