In a rape case, can I allege that my boyfriend had sex with me by fraud, by making false promises of marriage?

Full Question:

I am living in the state of Tennessee. My boyfriend proposed me for marriage last month, as we were planning to get married by the end of this year. After proposing me for marriage, my boyfriend asked me to have sexual relations with him on many occasions, to which I consented believing that he would marry me. However, now my boyfriend wants to break up with me for no valid reasons. I want to know if I can file a rape case against my boyfriend on the grounds that my consent for sex was on the promise of marriage. Can I allege that my boyfriend had sex with me by fraud, by making false promises of marriage?
12/20/2016   |   Category: Criminal   |   State: Tennessee   |   #28446

Answer:

In Tennessee, Tenn. Code Ann. § 39-13-503 states that if there is sexual penetration of a victim by the defendant, that is accomplished when the “victim is mentally defective, mentally incapacitated or physically helpless” or is accomplished by “fraud,” “Force or coercion,” “without the consent of the victim,” then it falls within the meaning of rape under § 39-13-503. Tenn. Code Ann. § 39-13-503 reads:
“(a) Rape is 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 is used to accomplish the act;
   (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration 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 penetration is accomplished by fraud.
(b) Rape is a Class B felony.”
The term fraud is defined under Tenn. Code Ann. § 39-11-106 (13) as:
“used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.”
The punishment for class b felony as enumerated in Tenn. Code Ann. § 40-35-111 (2) :
“Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute”
A rape case may be filed against the boyfriend on the grounds that sexual penetration of the girlfriend was accomplished by fraud, because the boyfriend deceived the girlfriend by making false promises of marriage. The boyfriend may be imprisoned for a term which is neither more than 30 years nor less than 8 years. In addition to the imprisonment, the court may also impose a fine that may not exceed twenty-five thousand dollars.