What Happens If I Am Charged with Statutory Rape (TCA § 39-13-506) in Memphis, TN?

One Bad Decision—Or a Misunderstanding—Can Change Everything

In Tennessee, being charged with statutory rape is not just a personal or moral issue—it’s a felony criminal charge that can follow you for the rest of your life. And in Memphis, where prosecutors take sex crimes seriously, you could be facing prison time, sex offender registration, and a permanent criminal record—even if the encounter was consensual.

At Harvey Criminal Defense Lawyers, we represent people in Shelby County and throughout West Tennessee who are facing serious charges under Tennessee Code Annotated § 39-13-506. Whether you’re 19 and accused of sleeping with a 16-year-old, or you’re 25 and accused of having a relationship with a teenager, this page is for you.

What is Statutory Rape in Tennessee?

Under TCA § 39-13-506, statutory rape is defined as unlawful sexual penetration involving an age gap between a legal adult and a minor. In these cases, consent is not a defense—even if the younger person agreed to the encounter.

The law breaks statutory rape into three categories, based on the ages of the people involved:

1. Mitigated Statutory Rape

• Victim: 15 to 17 years old
• Defendant: 4 to 5 years older
• Example: A 20-year-old and a 16-year-old
• Class E felony

2. Statutory Rape

• Victim: 13 to 14 years old, and the defendant is 4 to 9 years older, OR
• Victim: 15 to 17 years old, and the defendant is more than 5 but less than 10 years older
• Example: A 23-year-old and a 14-year-old
• Class E felony with potential sex offender registration

3. Aggravated Statutory Rape

• Victim: 13 to 17 years old
• Defendant: 10 or more years older
• Example: A 27-year-old and a 15-year-old
• Class D felony

These categories are based solely on age—and even if the younger person lied about their age, the law may still hold the older person responsible.

What Are the Penalties for Statutory Rape in Memphis?

The penalties depend on which category you’re charged under:

Class E Felony (Mitigated or Statutory Rape)

• 1 to 6 years in prison
• Up to $3,000 in fines
• Permanent criminal record
• Possible sex offender registration (at the judge’s discretion)

Class D Felony (Aggravated Statutory Rape)

• 2 to 12 years in prison
• Up to $5,000 in fines
• Mandatory felony record
• Increased likelihood of sex offender registration

If convicted, you may also face:

• Loss of student loans or scholarships
• Barriers to employment
• Restrictions on custody or parenting rights
• Mandatory community supervision
• Public registration on Tennessee’s sex offender database

Even a first-time offense can carry life-altering consequences.

Can I Be Forced to Register as a Sex Offender?

Yes—in some cases.

For mitigated or standard statutory rape, the judge has the discretion to require registration as a sex offender. Factors the court may consider include:

• The specific age difference
• Whether the incident was part of a plea agreement
• The nature of the original charge
• The defendant’s criminal history (or lack thereof)

For aggravated statutory rape (involving a 10+ year age gap), registration is far more likely.

Sex offender registration means:

• Your photo and address posted online
• Limitations on where you can live or work
• Ongoing in-person reporting to law enforcement
• Social stigma that never fully goes away

That’s why your best chance of avoiding the registry is getting ahead of the charge and hiring an experienced defense lawyer immediately.

What If the Sex Was Consensual?

Tennessee law doesn’t allow consent as a defense to statutory rape. The minor’s agreement—or even initiation—doesn’t matter legally.

The logic behind the statute is that minors under a certain age can’t legally consent to sex with someone significantly older, even if they appear to be willing. This creates a harsh reality: even relationships that seem mutual or harmless can turn into felony charges.

What If I Didn’t Know Their Age?

Sadly, lack of knowledge or a mistaken belief about the person’s age is not a defense under Tennessee law. This includes situations where the alleged victim:

• Lied about their age
• Appeared to be an adult
• Had a fake ID
• Was met on a dating app listed as 18+

Even if the misunderstanding was honest, you can still be charged and convicted unless your attorney can raise legal challenges based on how the State proves its case.

What Should You Do If You’re Charged with Statutory Rape in Memphis?

You need to act fast—and carefully. Here’s what to do:

Do:

• Call a Memphis criminal defense attorney immediately
• Save all communication (texts, DMs, photos, messages)
• Avoid contact with the alleged victim
• Stay off social media

Don’t:

• Talk to police without a lawyer
• Assume the case is “minor” because the sex was consensual
• Try to explain things to the accuser’s family or friends
• Post, delete, or tamper with digital evidence

Remember: anything you say can and will be used against you.

How We Defend Statutory Rape Charges in Memphis

At Harvey Criminal Defense Lawyers, we don’t shy away from tough cases. Our job isn’t to judge—it’s to protect your rights, your reputation, and your future.

Depending on your case, we may:

Challenge the Evidence

Was there proof of penetration? Are the statements consistent? We break down every detail.

Challenge the Age

We verify the age of the alleged victim through official records. If the State can’t prove it clearly, we push for dismissal.

Investigate Consent and Communication

We gather texts, photos, app records, and more to show mutual interest and reasonable belief.

Negotiate Strategic Plea Options

In some cases, we can push for reduced charges that avoid sex offender registration or even a felony conviction.

Prepare for Trial—Aggressively

If the DA won’t back down, we’re ready to take your case to court and fight for a not guilty verdict.

Facing a Statutory Rape Charge in Memphis? Call Us Now.

A charge under TCA § 39-13-506 isn’t just a legal problem—it’s a personal crisis. You deserve a defense that takes it seriously.

If you’ve been accused, arrested, or are under investigation for statutory rape in Memphis, don’t wait. Contact Harvey Criminal Defense Lawyers today for a confidential consultation.

We’ll listen. We’ll stand with you. And we’ll fight to protect your future.