Under Tennessee Code Title 39, statutory rape occurs when an individual older than 18 years of age engages in sexual penetration with a minor between the ages of 13 and 17. A minor cannot legally consent to sexual acts, even if both parties appear to engaging in the act voluntarily.

Types of Statutory Rape Charges

Three forms of statutory rape exist:

1. STATUTORY RAPE: Statutory rape can be charged when (1) the minor is 13 or 14 years of age with the defendant being between 4 and 9 years older than the victim, or (2) the minor is between the age of 15 and 17 with the defendant between 5 and 9 years older than the victim. Statutory rape is a class E felony and is punishable by up to 6 years in prison.
2. MITIGATED STATUTORY RAPE: When the minor is between the age of 15 and 17 with the defendant either four or five years older than the victim it is considered mitigated statutory rape. Mitigated statutory rape is a class E felony and is punishable by up to 6 years in prison.
3. AGGRAVATED STATUTORY RAPE: Aggravated statutory rape is when the minor is between the age of 13 and 17 with the defendant 10 years or older than the victim. Aggravated statutory rape is a class D felony punishable by up to 12 years in prison.

Registration as a Sex Offender

In addition to the possibility of incarceration and substantial fines, most persons convicted of statutory rape will be required to register as sex offenders. This can dramatically affect quality of life by influencing where offenders are allowed to live and work. After release from prison, sex offenders are also required to maintain contact with law enforcement.