SEX OFFENSES

Davis & Hoss recent cases have included probation for a charge of sexual exploitation in criminal court. 

In Tennessee, there are many different types of sex offenses.  Many of the following sex offenses have certain aggravating factors such as the age of the victim, whether the suspect is an authority figure and other specific facts.

Rape is defined as the unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by (1) force or coercion; (2) lack of consent; or (3) if the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or if the penetration is accomplished by fraud.  It is a Class B felony.

Statutory rape is defined three separate ways.  Mitigated statutory rape is the unlawful sexual penetration if the victim is at least 15 but less than 18 and the Defendant is at least 4 but not more than 5 years older.  Statutory rape is the unlawful sexual penetration if the victim is at least 13 but less than 15 and the Defendant is at least 4 but less than 10 years older.   Finally, aggravated statutory rape is the unlawful sexual penetration if the victim is at least 13 but less than 18 and the Defendant is at least 10 years older.  Mitigated and statutory rape are Class E felonies while aggravated statutory rape is a Class D felony.

Sexual Battery is the “unlawful sexual contact” accompanied by (1) force or coercion; (2) lack of consent; or (3) if the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or if the penetration is accomplished by fraud.  It is a Class E felony.

Indecent Exposure is if a person in a public place, knowingly or intentionally, “(i) engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts; (ii) appears in a state of nudity; or (iii) fondles the genitals of the person, or another person.”  A first offense is a Class B misdemeanor.

Davis & Hoss has represented individuals ranging from one extreme to the other.  These are often delicate factual scenarios that require composure, steady investigation and a knowledge of how to try a case.  If you are charged with any of these offenses, you want a lawyer who the prosecutor knows can try a case.  Davis & Hoss has successfully defended dozens of individuals charged with very serious sex offenses.  Contact us for a free consultation.