Legal Question in Family Law in Tennessee
Marriage of minor without parental permission
In the state of Tennessee, doesn't the parent possess a fundamental privacy right to act in what the parent feels to be within the best interest of their child in the matter of whether or not a child under the age of eighteen can marry, even if that child is pregnant? The Supreme Court has ruled that,"Simply because the decision of a parent is not agreeable to a child or because there is a possible stigmatization of the child does not automatically transfer power to make the decision from parents to some other agency or officer of the state." Parham v. J.R., 442 U.S. at 603, 99 S.Ct. at 2504. When the situation is where a young man is 4 to 5 years older and an adult, shouldn't he be charged with statutory rape rather than allowed to marry what one might consider his victim?
1 Answer from Attorneys
Re: Marriage of minor without parental permission
You're right on all counts. For more on the age of consent or the age to marry under Tennessee law, check my website at http://jesbeard.com/1b.htm
If the "boy" is more than four years older than your minor daughter and the "boy" is an adult and they had sex, yes that constitutes statutory rape, and he could be prosecuted for it.... but if your daughter denies they had sex, it may be hard to prove that it happened unless someone else literally caught them in the act.
But generally the one to file the charges will be the parent or legal guardian.... so it's not as if the police are going to file charges on their own.... if you want him charged, you need to make it happen.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
