A rape accusation can destroy reputations, families, and futures. Even before a conviction, the social and legal consequences are devastating. If you or someone you love is facing a rape charge in Memphis, you need to act quickly. Harvey Criminal Defense Lawyers provides confidential, aggressive, and experienced defense for individuals accused of sexual offenses, including rape. We understand what’s at stake—and we’re here to help you fight back.
Rape is defined under Tennessee Code Annotated § 39-13-503 (2024) as unlawful sexual penetration involving one or more aggravating circumstances:
Sexual penetration under Tennessee law includes sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings.
Rape is classified as a Class B felony in Tennessee. This is an extremely serious charge that carries significant consequences:
In Tennessee, Range II and III sentencing guidelines apply to individuals with more extensive prior criminal histories. However, even a first-time offender charged with rape can face Range II sentencing due to the nature of the crime.
Additionally, a conviction can result in:
Every case is different, but our team has successfully raised the following defenses in rape cases across Memphis and Shelby County:
One of the most common defenses in rape cases is that the alleged victim consented to the act. If there is evidence such as text messages, social media messages, or witness testimony that indicates mutual agreement, this can be powerful.
Sometimes, individuals make false allegations due to anger, revenge, or pressure from others. We work with private investigators and forensic experts to identify contradictions or motives to lie.
If the accuser misidentified the defendant, we utilize DNA evidence, alibi witnesses, and surveillance footage to establish innocence.
The state must prove guilt beyond a reasonable doubt. In many cases, the only evidence is the accuser’s word. If there are inconsistencies or lack of corroboration, we challenge the credibility of the state’s case.
At Harvey Criminal Defense Lawyers, we take a proactive and strategic approach to defending clients accused of rape. Here’s what you can expect:
We examine the police reports, medical records, forensic evidence, and all witness statements to identify weaknesses in the prosecution’s case.
We ensure that your rights were not violated during the arrest, questioning, or search. If they were, we may be able to get key evidence excluded.
In many cases, expert testimony can help discredit flawed DNA analysis or challenge psychological assumptions made by the prosecution.
While some cases are resolved through dismissal or negotiation, we prepare every case as if it’s going to trial. This gives us leverage at every stage.
We handle all cases involving sexual allegations with the utmost discretion. We understand the emotional toll these accusations take on you and your loved ones.
Rape is often confused with statutory rape, which also involves sexual activity with minors but under different circumstances. Statutory rape charges apply when one individual is a minor under Tennessee’s age of consent laws (typically under 18) and the age difference between the parties exceeds statutory limits.
Both offenses are felonies, but statutory rape often carries different sentencing and registration outcomes depending on the circumstances. We defend against both charges.
Every conversation you have—with police, coworkers, or on social media—can and will be used against you. The earlier you involve us, the better we can protect you.
We know the stakes. Whether you’re facing an unfounded allegation or a misunderstanding that spiraled out of control, we are committed to defending your freedom and your future.
We represent clients throughout:
We understand the procedures and tendencies of Shelby County courts and prosecutors. This local knowledge allows us to prepare more targeted defenses and anticipate strategies that may be used against you.
If you’ve been accused of rape in Memphis, you cannot afford to delay. Your freedom, your future, and your name are on the line. Contact Harvey Criminal Defense Lawyers today for a confidential, no-pressure consultation. Let us help you take the first step toward reclaiming your life.
Yes. A rape conviction in Tennessee requires mandatory registration as a sex offender. This means your name, photo, address, and other personal details will be listed on a public registry, which can impact your housing, employment, and social relationships for years or even for life.
No. In Tennessee, rape is a serious felony and cannot be expunged or sealed from your criminal record, even if it’s your first offense. If you’re acquitted or your charges are dismissed, expungement might be possible—but not after a conviction.
Fraud-based rape involves deceiving someone into sexual penetration in a way that bypasses true consent. This could include impersonating someone else, misrepresenting the nature of the act, or manipulating someone into the act under false pretenses.
Yes. Law enforcement can arrest you based on an accusation if they believe there is probable cause. However, accusations alone are not enough to convict you. An experienced attorney can challenge the credibility of the allegations and demand corroborating evidence.
No. You have a constitutional right to remain silent. Politely decline to answer any questions and request a criminal defense lawyer immediately. Speaking to police without legal counsel—even if you’re innocent—can seriously damage your defense.
The prosecutors are already building their case against you. Every day you wait is another day they get stronger.
But you don’t have to face this alone.
