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mamakittrell200 · #1 04-20-2008, 09:12 PM

in the state of tennesse is there still a statute of limitations on statutory rape? my husband was 16/17 and she was like 27. they have a child from it.

J_Noon · #2 04-20-2008, 10:08 PM

What I could find is stat rape is a class E felony, which has a 2 year limitation. Aggravated statutory rape is a class D, which has a 4 year limitation. It depends on the ages when the act occurred.

ky12 · #3 04-21-2008, 11:50 AM

Aggravated statutory rape is 4 years from the date of the offense (TCA 39-13-532)and statutory and mitigated statutory rape is 2 years (TCA 39-13-506).

YourFriendlyDA · #4 04-21-2008, 08:18 PM

The only exception is where the defendant is found only through DNA. I cant really imagine how that would happen since stat rape requires consent... but nonetheless, the statute is tolled until the DNA ID is made... otherwise it is as stated above.

Also, its usually defined as the female being the younger...

mamakittrell200 · #5 04-21-2008, 11:06 PM

the DA over child support knew within that time frame and told him there was nothing she could do about it. wouldn't that be civil lawsuit?he's paying support 2 this woman and i think she should be a convicted sex offender there was a big age gap.

ky12 · #6 04-22-2008, 05:58 AM

Check the statutes. Tennessee makes special note that the victim can be the person that is either being penetrated or penetrating the perp. Tennessee made these provisions in their revisions of the code to include the possibility of a male being the victim.

Quote:

Originally Posted by YourFriendlyDA

The only exception is where the defendant is found only through DNA. I cant really imagine how that would happen since stat rape requires consent... but nonetheless, the statute is tolled until the DNA ID is made... otherwise it is as stated above.

Also, its usually defined as the female being the younger...

ky12 · #7 04-22-2008, 06:01 AM

That is up to the discretion of the DA. I don't mean to sound harsh, but he should be paying support if the child is his. Being given a sex offender status for a consensual relationship will virtually close any doors this woman, and the child of your loved one, would ever have opened to her.

Quote:

Originally Posted by mamakittrell200

the DA over child support knew within that time frame and told him there was nothing she could do about it. wouldn't that be civil lawsuit?he's paying support 2 this woman and i think she should be a convicted sex offender there was a big age gap.

bayonnenjdude · #8 05-06-2008, 10:49 PM

What's the statute of limitations in nj for underage sex?

Paralegal USA · #9 05-08-2008, 08:43 AM

Quote:

Originally Posted by ky12

... I don't mean to sound harsh, but he should be paying support if the child is his. Being given a sex offender status for a consensual relationship will virtually close any doors this woman, and the child of your loved one, would ever have opened to her.

I agree completely. What's more is that the now-alleged "victim" of the purported statutory rape quite obviously consented to the sexual encounter. Had he not surely he would have complained to authorities. And clearly he enjoyed it too; hence the child resulting.

Forcible sexual contact or intercourse upon any adult or child should result in severe punishment; there is never an excuse to justify such an act. And so too should consensual sex between an adult and a minor result in severe punishment in cases where the minor is so young that it must be presumed they were not yet sufficiently developed mentally or emotionally to render their decision to engage in sex a rational one. But in cases such as this where the alleged victim was 17 at the time of incident, the 27-year-old adult should not be subjected to the lifetime stigma of having to be a registered sex offender.

bayonnenjdude · #10 05-08-2008, 09:49 AM

Is there a point in time where charges can no longer be pressed..

YourFriendlyDA · #11 05-08-2008, 08:03 PM

Quote:

Originally Posted by bayonnenjdude

Is there a point in time where charges can no longer be pressed..

There are statute of limitations on many types of cases, but there are also quite a few exceptions. The statute is also tolled by a lot of things such as leaving the state etc. The rules vary from state to state.

mamakittrell200 · #12 05-14-2008, 07:18 PM

he was 16 when it happened and she's 10 years oldr than him. she refused support and denied him visitations for years, then decided she wanted support but no visitations for him. because she waited years it has him owing back suppoet for 10,000''s. i don't see how that's right either.

YourFriendlyDA · #13 05-14-2008, 07:36 PM

So are you after child support for the child she has or are you wanting to put the mother of your grandchild in jail? You may want to handle this through civil courts and get some visitation set up.

LoboSolo · #14 10-22-2009, 01:11 PM

Even tho it hasn't been, AFAIK, challenged in TN, in KS and in AR the courts have ruled that the crimes of the mother doesn't matter when it comes to child support. So even tho your husband was the victim of a crime, he still must pay.

Make sure you get a DNA test!

leftbehind2 · #15 10-22-2009, 02:26 PM

it may not be right. But to try to have her jailed for this is pretty much only out of revenge. In the long run it will only hurt the child.