Zealous Defense For Rape And Statutory Rape Charges In Tennessee
Facing charges of rape or statutory rape in Tennessee can be a daunting experience. These cases are rarely straightforward and often involve complex circumstances with two sides to the story. It’s important to understand that there are “muddy waters” in these cases, which can provide opportunities for defense.
My name is Brian Clay Johnson. With more than 20 years of legal experience, including over a decade as a former prosecutor, I have dedicated my legal career and practice to criminal defense. I founded my firm, the Johnson Law Firm, to aggressively advocate for clients in Jackson and throughout West Tennessee.
Understanding Rape Crimes In Tennessee
In the state of Tennessee, sexual offenses range in severity, with rape and sexual assault being the most serious. For a rape charge, the prosecutor must prove that nonconsensual sexual intercourse occurred. This includes demonstrating that the accused used force or coercion or that the victim was unable to give consent due to age, mental incapacity, or intoxication. The burden of proof is on the prosecution to establish these elements beyond a reasonable doubt.
What Is Statutory Rape?
Statutory rape involves engaging in sexual activity with someone who is below the age of consent. In Tennessee, the age of consent is 18. Statutory rape charges do not require the use of force or coercion. The law considers the age difference between the involved parties and the age of the younger individual.
Sometimes, in statutory rape cases, many cases involve younger adults with teenage partners. In some of these cases, statutory rape charges are founded on parental disapproval rather than predatory behavior. Many of these cases might be eligible for a plea bargain or even dismissed. For example, in a recent case, I was able to get a rape charge reduced to contributing to the delinquency of a minor.
What Is The Difference Between Rape And Statutory Rape?
The main difference between rape and statutory rape lies in the issue of consent. Rape involves nonconsensual sexual activity, while statutory rape focuses on the age of the individuals involved. Even if the younger person consents, the law deems them incapable of giving legal consent due to their age. Every case is different, and how a prosecutor decides to file charges in a sexual misconduct case will depend on the facts and circumstances of the case.
Defending Against Rape Charges
Defending against rape charges requires a detailed examination of the facts, as these cases often hinge on each party’s version of events. Physical evidence, such as rape kits and the timing of reporting play crucial roles in building a defense. I am experienced in navigating the complexities of these sensitive cases. My criminal defense strategy will depend on the specific facts and evidence of each case. However, I will advocate aggressively to zealously protect your constitutional rights. I also provide straightforward advice and make sure you understand every aspect of your case.
Consult A Jackson Sex Crime Defense Lawyer
If you are facing sex crime charges related to rape or statutory rape, an aggressive criminal defense attorney can protect your rights. I am available by appointment for confidential consultations. To schedule an appointment, you can call my firm to schedule an appointment at 731-260-8235 or send me a message through my website. You don’t have to face these charges alone. I understand the sensitive nature of the accusations and will advocate zealously for your rights.