Tennessee law takes an clear stance with regard to issues of consent to statutory rape. The Tennessee statutory rape statute, T.C.A. section 39-13-506, only considers three factors in defining and classifying statutory rape (whether sexual penetration occurred, the age of the victim, and the age of the offender in relation to the age of the victim) and consent is markedly absent. This statute demonstrates that the clear public policy of the State of Tennessee is to protect minors who may be more easily influenced or may not understand the ramifications of their sexual conduct from abuse at the hands of those who may seek to exploit them.
Tennessee recognizes that a four or five year age difference can be significant in terms of mental and emotional maturity among adolescents, opening up the possibility that the older person in a relationship may be ready to engage in and cope with conduct in which their younger partner is not ready to participate. Given this focus placed on the potential immaturity of the victim, Tennessee has chosen not to consider that the victim may consent to the behavior as such consent could also be borne out of the same mentality.
If you or a loved one has been charged with statutory rape or a sex crime, contact us at 615-585-2245 or Barnette Law Offices, LLC.
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