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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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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"Look no further, Rob McKinney is the defense attorney you need."As a LEO wife, I was served with a frivolous OP from an estranged step family member. With the possibility of my husband not being able to process any firearms in our household, Mr McKinney's understanding the severity of the situation, Rob took the time to investigate and prepare for the hearing. With that said, Rob absolutely destroyed the petitioner and witnesses on the stand. It was worth the time, money and stress to see Rob in action. If the need ever arises in the future, Rob will always be our first call. You cannot go wrong putting your trust in Mr. McKinney.- Tara
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"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
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"Repeat offender facing time"When I got I hemmed up in Gallatin and caught two charges, I was told I was facing 180 days plus an extra 180-365 days serving time. I told my folks I was tired of taking chances with amateurs when It came to a legal defense lawyer. I initially called Frank Lannom's office, but they regrettably informed they did not practice in Sumner but they knew who did that was just as good and experienced. They gaveme the number to Mr. McKinneys office here. I called them up and Ms Savannah Edmonds met with me that day on a zoom meeting. I gave a very professional summarization of my charges , sentance they carried, as well as the exact figure they would charge. She even called me back to correct herself on something she said wrong. I thought that was exceptionally professional. Needless to say I knew May and McKinney were the lawyers I want defending me. It's easy to make back money. You can't get your time back. Anyway today was the first day of court with my Lawyer. And my first offer was "both charges dismissed" . Now you can't get much better than that. If you want to save money, take the amateurs and risk loosing your life, your name, your integrity or hire the professionals of May and McKinney and get results. Remember "you get what ya pay for" and with May and Mckinney it's well worth every penny !- Robert F.
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