Tennessee Marital Rape Statutes

Tennessee's criminal codes is silent on the issue of marital rape. However, that silence does not prevent a person from bringing charges against a spouse under many of its sexual offense laws.

Current Tennessee Law

In Tennessee, a sexually abused spouse can charge his or her spouse under the following sections:

Aggravated Rape

Section 39-13-502 defines aggravated rape as unlawful sexual penetration of a victim by the defendant under the following circumstances:

• force or coercion is used with a weapon;
• the defendant causes bodily injury to the victim;
• the defendant is aided or abetted by one or more persons and force or coercion is used or 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

Section 39-13-503 defines rape as unlawful sexual penetration of a victim;

• through force or coercion
• when the penetration is 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;
• the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• the sexual penetration is accomplished by fraud.

Rape is a Class B felony.

Aggravated Sexual Battery

Under Section 39-13-504 aggravated sexual battery is unlawful sexual contact between defendant and a victim when:

• through force or coercion with a weapon
• the defendant causes bodily injury to the victim;
• the defendant is aided or abetted by one or more persons and force or coercion is used; the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or the victim is under 13.

Aggravated sexual battery is a Class B felony.

Sexual Battery

Section 39-13-505 states that sexual battery occurs when a defendant engages in unlawful sexual contact with a victim:

• through force or coercion
• when the penetration is 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;
• the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• the sexual penetration is accomplished by fraud

Sexual battery is a Class E felony.

Penalties

A Class A felony is punishable by 13.5 to 60 years in prison; a Class B felony is punishable by 7.2 to 30 years in prison; a Class E felony is punishable by .9 to 6 years in prison.

Talk to a Lawyer for Advice

Tennessee has no marital exemption against a charge of marital rape. If you are facing such charges in Tennessee, you should consult with an experienced attorney immediately to defend against possible imprisonment and other penalties.