What are the requirements to file statutory rape charges?
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?
09/25/2007 |
Category: Criminal |
State: Tennessee |
#9062
Answer:
The following is a TN statute:
39-13-506. Statutory rape. —
(a) 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.
(b) 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 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) years older than the victim.
(c) 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.
(d) (1) Mitigated statutory rape is a Class E felony.
(2) Statutory rape is a Class E felony.
(3) Aggravated statutory rape is a Class D felony.
[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5.]
