age of consent in tennessee

The Age of Consent in Tennessee – What You Need to Know

The age of consent refers to the age at which a person can legally consent to sexual activity. This age varies across states and countries. In Tennessee, the age of consent is 18 years old. However, there are some exceptions to be aware of.

What is Statutory Rape?

If an adult engages in sexual activity with a minor under the age of consent, they are committing the crime of statutory rape. This applies even if the minor consented to or initiated the sexual contact. The adult can face serious criminal charges regardless of whether they believed the minor was over 18 or not.

Close in Age Exemptions

Tennessee has “Romeo and Juliet” laws that provide close-in-age exemptions to the age of consent. This means minors can legally consent to sexual activity with a partner who is also a minor and within a certain age range.
The exemptions are:
Minors aged 13-17 can consent to partners less than 4 years older
Minors under 13 can consent to partners less than 2 years older
So a 17-year-old could legally have sex with a 20-year-old under Tennessee law. But a 15-year-old could not legally have sex with a 20-year-old.

Other Exceptions and Considerations

It is illegal in Tennessee for teachers or authority figures, like coaches or scout leaders, to have sex with minors they have authority over, regardless of age or consent.
While the close-in-age exemptions apply to vaginal sex, they do not apply to oral or anal sex involving minors under 18. These acts remain illegal.
Mistake of age is not a valid defense to statutory rape charges.
Statutory rape charges can still apply even if the minor lies about their age.
Tennessee has no minimum age of consent when married. But minors under 17 need parental consent and court approval to marry.

Possible Defenses

There are few defenses to statutory rape charges given strict liability laws. Possible statutory rape defenses include:
Consent – Argue the minor was at or above the legal age of consent. But mistaken belief of consent rarely works.
No sexual contact – Argue no prohibited sexual acts occurred. But DNA or witness testimony often refutes this.
Entrapment – In rare cases, argue the minor misrepresented their age to manipulate the adult into illegal sexual contact. But this is hard to prove.

Penalties and Sentences

Statutory rape penalties vary based on the ages of the perpetrator and victim, but commonly include:
Jail or prison time
Fines up to $50k
Mandatory counseling
Sex offender registration
For example, an 18-year-old who has sex with a 15-year-old could face 2-20 years in prison. Penalties are harsher the wider the minor/adult age gap. Certain aggravated statutory rape charges carry mandatory minimum 10-year prison sentences.

Seeking Legal Help

Being charged with statutory rape leads to lengthy, complex criminal cases. The laws create strict liability for sexual contact with minors. Consult an experienced criminal defense lawyer immediately if facing investigation or charges. A skilled attorney can carefully examine the evidence and defenses to build the strongest case. This can lead to charges being reduced or dismissed.
The age of consent laws intend to protect minors from coercion and exploitation. But they can punish consenting teen relationships. And mistakes or deception over age rarely excuse violations. So understand Tennessee’s consent laws before any sexual activity with a minor. Consult a lawyer with questions. The stakes are too high to rely on unclear laws or exemptions.