Sexual Battery & Aggravated Sexual Battery in Tennessee

Touching anyone against his or her will for the purposes of sexual gratification is a felony in Tennessee. If someone has accused you of a serious crime of this kind, you need a highly skilled sex crimes defense lawyer on your side right away.

Rob McKinney is a Nashville  lawyer with more than 15 years of experience defending both men and women facing a wide range of criminal charges in Tennessee. Mr. McKinney, who holds Martindale-Hubbell's rating* of AV Preeminent, handles cases involving:


What is the difference between Sexual Battery and Aggravated Sexual Battery?

The difference between the two felony charges lies in the age of the alleged victim.

Sexual battery is with a person over 13 years old and carries between one and six years of prison time and up to $3,000 in fines, in addition to mandatory sex offender registration.

Aggravated sexual battery involves a boy or girl 13 years old or younger and carries between eight and 12 years of mandatory, 100 percent prison time. This is in addition to mandatory sex offender registration, heavy fines and other penalties.

Frequently Asked Questions

What is sexual battery?

Tennessee Code Annotated Section 39-13-505 defines this charge in this way:

(a) Sexual battery is unlawful sexual contact with a victim by the defendant or 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 contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact 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 contact is accomplished by fraud.

Can first time offenders go to jail?

Yes, you can. Conviction for aggravated sexual battery carries mandatory eight to twelve years prison time. While this charge does not carry mandatory prison time, you can be sentenced to prison for that crime as well.

Can you be sued in civil court in addition to criminal charges for rape or sexual assault?

Yes. What's more, you can lose a civil case alleging sexual battery, rape or sexual assault, even if you received a not guilty verdict in criminal court.

What defenses are possible in a sexual battery case?

A significant number of these types of cases involve false or manufactured allegations. In those cases, innocence can prove to be a powerful and effective defense. The defense can also attempt to show that the complainant misidentified the defendant as the perpetrator of the crime. A defendant can admit to the sexual behavior but that the complainant consented to the behavior, though this has the potential to backfire on the accused. A fourth possible defense is lack of mental capacity.

What if the touching was accidental?

Tennessee Code Annotated Section 39-13-501 says that "unlawful sexual contact" must be intentional, and this could provide another possible defense to the charge.

Sexual contact includes the:

"...intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification"

Schedule A Free Consultation Today

If you or someone you love has been charged with sexual battery, aggravated or otherwise, in Tennessee, schedule a free initial consultation with Nashville criminal defense attorney Rob McKinney today. Contact his office via email or call him at 615-686-2115. He defends individuals charged with crimes throughout the state.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories - legal ability and general ethical standards.

5/5

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Date published: 04/20/2016