This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.
Tennessee USLegal Guide to Statutory Rape
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The age of consent in Tennessee is 18. This is the age at which an individual is able to consent to sexual conduct with another adult, as noted above. If both of the parties are over the age of 18, any age differences between them are irrelevant.
Tennessee state law defines statutory rape as sexual penetration with a child who is between the ages of 13 and 18-years-old by someone who is at least four years older. This is the case even if both people are willing participants in the interaction as the legal age for consent in the state is 18-years-old.
In Tennessee, a Romeo and Juliet law gives immunity for consensual sexual activity between a minor at least 13 years of age and a person less than four years older. So, for example, if a 17-year-old engages in consensual sex with a 15-year-old, the older person cannot be charged with statutory rape.
Tennessee state law defines statutory rape as sexual penetration with a child who is between the ages of 13 and 18-years-old by someone who is at least four years older. This is the case even if both people are willing participants in the interaction as the legal age for consent in the state is 18-years-old.
A defendant might also claim to have believed their partner was older. Tennessee only allows a mistake-of-age defense when the defendant's belief was reasonable and the minor was 13 or older. Mistake of age can't be raised in child rape cases where the minor was younger than 13. Consent is not a defense.
So, any form of sexual activity involving an adult and a minor may violate the law. This is true even when the child seems to consent to the act.
This does happen and you can be charged Unfortunately, these laws are often very complicated, and people have been charged after being lied to by their partners. In one case, a girl claimed to be 17 years of age when she was actually only 14.
What is the mistake of age defense? The mistake of age defense to statutory rape is a reasonable belief that the alleged victim was over the age of consent at the time of the offense. Not all states recognize mistake of age as a defense to statutory rape. The defense is a form of the mistake of fact defense.