Legal Question in Family Law in Tennessee
Any legal exceptions to statutory rape charge?
Want exceptions to statutory rape/contrib to delinq of minor laws in TN. Girl was 17 when started dating, turned 18 7 months later and graduated high school. Boy was 22 when started dating, turned 23 9 months later. She lied and goes off birth control in 8th month of dating to get pregnant (they had broken up and reconciled- she wants a big house and nice car). Boy not sure his baby. Not getting married, trying to avoid it. Plan to do paternity test when child born. Girl's parents have supported relationship, but are now saying if He doesn't marry Girl, they'll say stat. rape. Are there any exceptions, like length of time dating, parental approval, etc that would show that it was consensual? He said he'll support the child, but just doesn't want to marry her (they argue too much). A friend said that if the Girl's parent supported/allowed the relationship and you have pictures of them approving (smiling/happy with the couple in the pix), then they can't say stat rape. Is the only solution them getting married, to show innocence? Any help? Thanks in advance!
1 Answer from Attorneys
Re: Any legal exceptions to statutory rape charge?
Really, you have a criminal law question more than a family law question. Please consult a criminal defense lawyer.
I believe the following to be the definition of statutory rape, but as I said confirm this with a specialist or a lawyer who normally handles criminal law:
(a) Statutory rape is 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 four (4) years older than the victim.
(b) If the person accused of statutory rape is under eighteen (18) years of age, such a defendant shall be tried as a juvenile and shall not be transferred for trial as an adult.
(c) Statutory rape is a Class E felony.
Under your scenario it is a little difficult to tell if she was 18 when she got pregnant. I know it was close. You have only written about dating prior to conception, and there is nothig illegal about dating. You really need to talk to a defense lawyer about your constitutional rights. Might want to do that today. I am not aware of the defenses your friend mentions, but, again, talk to a lawyer who handles these matters. Best of luck.
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