Tennessee Sexual Battery Laws

Sexual Battery in Tennessee refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Tennessee, sexual battery is codified in the law. According to the laws of Tennessee;

• Aggravated Sexual Battery: unlawful sexual contact where:
  • (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
  • (2) The defendant causes bodily injury to the victim;
  • (3) The defendant is aided or abetted by one (1) or more other persons; and
    • (A) Force or coercion is used to accomplish the act; or
    • (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
  • (4) The victim is less than thirteen (13) years of age
• Sexual Battery: unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
  • (1) Force or coercion is used to accomplish the act;
  • (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
  • (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
  • (4) The sexual contact is accomplished by fraud.

Penalties for Sexual Battery in Tennessee

The penalty for sexual battery has the following sentencing guidelines:

• Aggravated Sexual Battery: Class B Felony, 8-12 years in state prison
• Sexual Battery: Class E Felony, 1-2 years in state prison

Defense of a Sexual Battery in Tennessee 

The list of defenses for Sexual battery in Tennessee here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use the consent defense, nor can consent be used as a defense if the victim lacked the capacity to give cosent)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Tennessee

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and that the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.