Legal Definitions

Several Tennessee laws define sexual assault or rape.

Rape: Unlawful sexual penetration accompanied by any of the following circumstances:

Force or coercion is used
Penetration is accomplished without consent
If the victim is mentally defective, mentally incapacitated or physically helpless.
Sexual penetration is accomplished by fraud

Aggravated Rape: Unlawful penetration of a victim by any of the following circumstances:

Force or coercion is used and the defendant is armed with a weapon
The defendant causes bodily injury
The defendant is aided by one or more persons
The defendant knows or has reason to know the victim is mentally defective, mentally incapacitated or physically helpless.

Spousal Rape:

Penetration is accomplished without consent
Armed with a weapon or believed to be armed with a weapon or causes serious bodily injury or lives apart from spouse
Assailant acts either intentionally, knowingly or recklessly

Sexual Battery: Unlawful sexual contact with the victim accompanied by any of the following circumstances:

Force or coercion is used to accomplish the act
Sexual contact is accomplished without consent and the defendant knows that the victim did not consent
The defendant knows or has reason to know the victim is mentally defective, mentally incapacitated or physically helpless. The sexual contact is accomplished by fraud

Aggravated Sexual Battery: Unlawful sexual contact with the victim accompanied by any of the following circumstances:

Force or coercion is used and the defendant is armed with a weapon or any object that could be used as a weapon
Defendant causes bodily injury to the victim
Defendant is aided by one or more persons
The defendant knows or has reason to know the victim is mentally defective, mentally incapacitated or physically helpless

Statutory Rape: Sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least 13 but less than 18 and the defendant is at least four years older than the victim.