TENNESSEE : Rape/Molestation Statutes of Limitation
Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
1. Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
2. The defendant causes bodily injury to the victim;
3. The defendant is aided or abetted by one (1) or more other persons; and
a. Force or coercion is used to accomplish the act; or
b. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.
Aggravated rape is a Class A felony.
Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
1. Force or coercion is used to accomplish the act
2. The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
3. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
4. The sexual penetration is accomplished by fraud.
Rape is a Class B felony.
victim, if the victim is more than three (3) years of age but less than thirteen (13) years of age. (Class A felony)
Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three (3) years of age or less. (Class A felony)
Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
1. Force or coercion is used to accomplish the act;
2. The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
3. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
4. The sexual contact is accomplished by fraud.
Sexual battery is a Class E felony.
The statute of limitations for any felony sexual assault against a minor extends until the child's 21st birthday.
Bob commits sexual battery against 13-year-old Jane. Jane must press charges against Bob by her 21st birthday.
Generally, the statute of limitations for Class A felonies (aggravated rape, aggravated rape of a child, and rape of a child) is 15 years after the offense
For Class B felonies (rape), the limitation is 8 years after the offense.
For a class C or class D felony, the limitation is 4 years after the offense.
For a class E felony (sexual battery), the limitation is 2 years after the offense.
Bob commits sexual battery against 20-year-old Jane. Because sexual battery is a Class E felony, in order for Bob to be tried and prosecuted, Jane must press charges within 2 years after the offense occurred.
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