Statutory Rape by an Authority Figure in Tennessee
Sex Crime Defense Attorneys in Nashville, TN
There are four specific statutory rape charges under Tennessee law: statutory rape, mitigated statutory rape, aggravated statutory rape, and statutory rape by an authority figure. This page focuses on statutory rape by an authority figure. This is the most serious form of this offense, punishable by up to 15 years in state prison, heavy fines, and mandatory lifetime sex offender registration.
If you are a teacher, coach, doctor, parent, guardian, or another person who has been accused of statutory rape by an authority figure, your future is at stake. You must not wait to seek legal counsel. Even informal allegations or an investigation may threaten your career, your custody rights, or your professional license. At May McKinney, we can work quickly to manage every aspect of your case, protecting your reputation and rights. Our Nashville statutory rape lawyers understand how to effectively handle these severe and sensitive matters, fighting to preserve our clients’ best interests.
Call (615) 265-6383 today to find out how our Nashville statutory rape attorneys can help you.
TCA: § 39-13-532 – Statutory Rape by an Authority Figure
To convict someone of statutory rape by an authority figure, the state of Tennessee must prove each of the following:
- Unlawful sexual penetration occurred between the defendant and the alleged victim;
- The alleged victim was 13 to under 18 years old at the time of the offense; and
- The defendant was at least 4 years older than the alleged victim at the time of the offense.
The state must also prove that, at the time of the offense:
- The defendant was in a position of trust or had disciplinary or supervisory power over the alleged victim; or
- The defendant had parental or custodial authority over the alleged victim; and
- The defendant used this power, trust, or authority to accomplish the penetration.
The most challenging issue that arises when defending these charges is proving a person was an authority figure. Most of the cases decided by the Court of Criminal Appeals have involved teachers, employers, and those with a family relationship to the victim. One critical issue is determining if a person was in a position of trust. This determination depends not on the length or format of the relationship, but rather on the nature of the relationship. The judge will consider whether the defendant formally or informally acted in a relationship that promoted confidence, reliability, or faith with the victim.
Penalties for Statutory Rape by an Authority Figure in TN
If a person is convicted of statutory rape by an authority figure, the punishment is severe. A conviction by a trial or a plea to the charge results in the automatic revocation of the bail bond. The offense carries mandatory prison time, ranging from 3 to 15 years. Alternative sentencing with probation is not an option. Registration as a sex offender is mandatory.
If you or someone you know is facing an allegation of statutory rape by an authority figure, contact May McKinney at (615) 265-6383. We serve Nashville, Franklin, Brentwood, Mount Juliet, and all of Tennessee.
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"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
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I appreciate absolutely everything that you and your team have done for me. I could not have made a better decision than to have your representation during this horrific time in my life. Along the way, I feel like I was educated about the process and felt at ease with every step. The due diligence that was done on your behalf was top tier and goes without saying, simply awesome! The only regret I have is not coming to your first. You have my full support of referrals to anyone I hear that needs a great defense team in their corner, because I sure did! Again, Thank you!
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