Rape

Allegations of rape are serious and one of the most damaging crimes to be charged with. It damages one’s reputation and can be socially and financially devastating. At the Law Office of Amanda Gentry, we understand what is one the line and with a deep understanding of the law, proper representation, and straightforward honesty. This law office is prepared and ready to provide support and information.

What is Rape?

The Elements of Rape according to § 39-13-503 are:

  1. It is unlawful penetration and:
    1. Force or Coercion is used or
    2. There is a lack of consent and the defendant knows that the victim would not consent or
    3. The defendant knows the victim is impaired and unable to resist or
    4. Fraud is involved
  2. It is a Class B felony:
    1. Sentence Range is 8-30 years
    2. Maximum Fine is $25,000
What is Aggravated Rape?

The Elements of Aggravated Rape according to § 39-13-502 are:

  1. It is unlawful penetration and:
    1. Force or coercion is used alongside a weapon or something shaped like one or
    2. The victim sustains bodily injury or
    3. More than one person is involved and:
      1. i. Force is used or
      2. ii. The defendant knew the victim was impaired
  2. It is a Class A felony:
    1. Range 15-60 years
    2. Maximum $50,000

There is a special type of rape known as statutory rape that does not meet any of the above mentioned elements yet is considered rape by law or statute and it involved an adult engaging in sexual penetration with a minor.

What is Statutory Rape?

There are three types of statutory rape and they are divided up based on the age of the minor and number of years apart.

The Elements of Statutory Rape according to § 39-13-506 are:

  1. It is unlawful penetration when:
    1. The victim is 13-15 and the defendant is 4-10 years older or
    2. The victim is 15-18 and the defendant 5-10 years older
  2. It is a Class E felony:
    1. Range 1-6 years
    2. Maximum $3,000

The Elements of Mitigated Statutory Rape is:

  1. Unlawful penetration when the victim is 15-18 and the defendant is 4-5 years older.
  2. It is a Class E felony

The Elements of Aggravated Statutory Rape is:

  1. Sexual Penetration involving a victim 13-18 years old and the defendant is 10 years older.
  2. It is a Class D felony
    1. Range 2-12 years
    2. Maximum $5,000