Law Office of Rob McKinney
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Who Can Be Charged with Rape?

Anyone can be charged with rape in the state of Tennessee, whether it be a woman or a man. Rape in Tennessee is a felony. The major difference is we have grades of rape. We have rape, and then we have aggravated rape. Aggravated rape is a Class A felony, which carries the range of punishment from 15 to 25 years. That's also served at 100 percent of the time. It also would be a lifetime registration on the sex offender registry.

Once statutory rape charges are taken out in Tennessee, the complaining witness cannot drop them. It's up to the state of Tennessee, the District Attorney's office to make that decision. Once you take out a charge, then that charge is now in the discretion of the District Attorney's office. So even though you might want to drop the charge, it's not up to you any longer. It's up to the District Attorney's office, and they will make the decision based upon the strength or witness of the evidence.

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