A Look at the Age of Consent for Sex in Tennessee
Tennessee law has set the legal age of consent, which refers to the age at which an individual is regarded as having the sufficient ability to consent to sexual affiliation. Consent in this sense refers only to sexual relations; the right to marry, vote and engage in some other activities (known as the "age of majority") end at 18. Consent is viewed as requiring a relatively high degree of maturity.
Whether or not a person was able to provide consent is often an issue in sexual harassment or abuse allegations, particularly those involving unreported abuse or harassment during childhood. It is important that anyone facing legal action for such a case understands the laws of the state regarding the age of consent and its establishment.
The age of consent in Tennessee is 18. This is set forth in Title 39 – Criminal Offenses (Chapter 13, Part 5), which covers rape, sexual abuse , child sexual abuse and commercial sex trafficking offenses.
39-13-506 establishes the offense of rape of a child, stating that a person commits this crime when he or she is 18 years of age or older and becomes a parent of a child in circumstances other than those provided by T.C.A. § 36-2-102(a)(1)(A) – when the termination of parental rights has occurred – if the actor was (1) engaged in sexual penetration of the child within the meaning of § 39-13-501, or (2) the child was a victim of sexual activity within the meaning of § 39-13-504.
39-15-302 establishes the offense of statutory rape by an authority figure, convicting a person when he or she is at least 18 years old and is a teacher, employer, or gym teacher, and causes or assists another to cause the penetration or sexual contact with a child who is eight- (8) or more years younger than the eighteen- (18) year-old person.
Exceptions and Special Circumstances
In some cases, even if one of the parties is below the legal age of consent, the law may not impose criminal liability. For instance, T.C.A. § 39-13-506 sets up age exemptions for underage and unlawful sexual contact, but does not apply to unlawful sexual activity: A person may be prosecuted under this part [. . .] for a sexual offense involving a victim who is at least [13] years of age but less than [18] years of age only if the person is [more than four (4) years older than the victim] . . . at the time of the conduct, except as follows: (1) Conduct otherwise constituting an offense that is committed between married persons is exempt from prosecution under this part; or (2) Sexual penetration of a victim by a defendant, or conduct of a defendant that involves sexual penetration by a victim, that occurs while the victim is at least [13] years of age but less than [18] years of age is exempt from prosecution under this part if: (A) The ages of the defendant and the victim are within thirty-six (36) months of each other . . . . Under T.C.A. § 39-13-527 it is illegal for certain persons to engage in sexual contact with a juvenile 18 years of age and older: (a) A person commits an offense of sexual contact by an authority figure if, being one (1) (or more) or more of the following: . . . (2) a supervisor of any community program or of any other program primarily for persons 18 years of age or older who are adjudicated dependent, neglected, or unruly or are convicted as delinquent; or (3) an employee of the department of correction or the board of probation and parole, . . . while acting in the scope of the authorized professional capacity or role related to the victim’s welfare, engages in sexual contact with the victim, knowing or having reasonable cause to believe that the victim is 18 years of age or older or was 18 years of age or older at the time of the act. . . .
Penalties for Violating Tennessee’s Laws
In Tennessee, the age of consent is 18. For example, a 25-year-old teacher charged with having sex with a 17-year-old student may be charged with statutory rape because at least one person involved in the sexual acts is under the legal age of consent in the state. However, nearly all statutory rape cases are not prosecuted simply because a teacher had consensual sex with an underage student; other factors include prior incidents and repeated conduct. A Tennessee statutory rape charge is a Class E felony. A conviction in Tennessee for this type of sexual offense can lead to a lengthy sentence that includes:
In short, the possible legal consequences of being charged with statutory rape in Tennessee are severe. Those charged who contact an attorney immediately, particularly an experienced sexually-based offense attorney, may learn of possible plea agreements to reduced offenses or a continued focus on the victim’s consent in other ways. The attorney can advise clients on their options and whether the individual can expect any leniency or an alternative sentencing option.
Being placed on the sex offender registry is a real possibility even with people who fail to register. As someone placed on the sex offender registry, you are required to regularly update that registry and become subject to random searches by law enforcement officials, Noteworthy, you also lose freedom and privacy. Sex offenders are encouraged not to engage in sexual activity of any kind and may face parole violations if they do so. Those in the sex offender registry typically cannot own homes, have visitation rights to children or use community facilities like swimming pools, parks or playgrounds.
How Tennessee Compares with Other States
When comparing the legal age of consent in Tennessee to the rest of the United States, the state is aligned with the national average. In all 50 states, the legal age of consent is 18 years old. However, there are a handful of states that present a gray area.
Michigan, for instance, is a different kind of state in this regard. With a 16-year-old legal age of consent, if a legal adult has sex with a minor and the person is more than four years older than the minor, he or she can be subject to prosecution under Michigan laws . Tennessee does not have this statute, but the state does retain the Tennessee Code Section 39-15-301 which provides that a person can be charged with statutory rape if evidence suggests he or she engaged in sexual activities with someone who was 13 years old, while at least four years older. In other words, there isn’t a specific age difference for charges to be filed, but rather a threshold age at which a minor can be taken advantage of.
Legal Reforms in Tennessee History
The age of consent in Tennessee has changed throughout history as legislators have attempted to address the many individual circumstances that can impact a young person’s life when they find themselves at such a significant juncture. In 1978, the legislature increased the age of consent from 16 to 18 years. Unfortunately, this resulted in many thousands of local law enforcement agencies being forced to prosecute sexual relations between teenagers, a burden they faced for more than a decade. Further complicating this issue was a disparity between the statutory age of consent in other states. The U.S. has traditionally allowed its citizens to leave the country at age 18 and return without a passport, an exemption that has long been abused by teenagers making their way to Mexico to get married. In 2014, a new bill was passed by the Tennessee General Assembly, increasing the number of exceptions in which sexual relations between minors and those of age would not qualify as statutory rape. If a minor between the ages of 13 and 17 has consensual sexual relations with a person who is less than five years older than them (and at least 13) , the courts will no longer hand down felony charges. However, if the person is 18 or older and has sexual relations with a minor under the age of 13, they can be prosecuted for attempted aggravated sexual battery. Charges that would once land someone in jail for years can now be reduced to a misdemeanor. Lawmakers in the state continue to discuss further reform of this law, as there are a number of people who believe it undermines the spirit of the law to allow a person who is slightly older than a minor to go without punishment as long as he or she is slightly younger than 18. In addition, there is significant discourse on how the law impacts same-sex couples, as a person who is 18 can have consensual sex with a person of the same sex who is 17, but would be committing a felony if that person were 18. Ultimately, the current body of law represents a compromise between those who believe the statute must be strengthened and those who argue the law harms thousands of otherwise law-abiding citizens.