VIOLATION: Aggravated Statutory Rape
RESULTS: 2 year suspended sentence with no jail time and no requirement to register with the Tennessee Sex Offender Registry, which allowed my client to continue to go to school to pick up their children, go to the ballfied to watch their games, and to continue her employment.
DETAILS: Female client was in excess of 10 years older than a 17 year old male at the time they began a sexual relationship. The male had held himself out as being over 18 years of age at the beginning of the relationship. Our investigation found photographs of the pair posted on social media and other social media post where the male stated he was over 18 years of age. A pregnancy resulted from the sexual encounters. The female was charged with 10 counts of Aggravated Statutory Rape. Each count of Aggravated Statutory Rape carried a minimum sentence of 2 years and a maximum sentence of 4 years and MANDATORY minimum 12 years on the sexual offender registry. Through motions, our firm required the state to supplement the indictment where they had failed to provide dates and places where the alleged crimes took place even though the alleged victim was over 18 years of age. (it is generally accepted that the state does not have to provide these specifics if a young child is involved). It quickly became clear that even the male alleged victim did not consider himself a victim. After extensive litigation, an agreement was reached to that the female client would accept a 2 year sentence, all suspended with NO REQUIREMENT THAT SHE REGISTER ON THE SEXUAL OFFENDER REGISTRY, allowing her to continue her time with her children and the child of the encounter at ballfields and other places where children are present.