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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6060
Experience:  20 years of professional experience
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What is the statute of limitations in Tennessee minor

Customer Question

What is the statute of limitations in Tennessee for a minor child that molested a minor sibling. Brother now (24) was 12 at the time molested his sister now (17) was 5. I am not wishing to pursue charges, I just am wanting to know about liabilities. Is that something the courts will pursue with or without my request?
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
1. Was the sister raped? Need to know what type of molestation act occurred as the SOL varies according to the act.
2. Is that something the courts will pursue with or without my request?
Need a clarification: If you are the sister and do not want to pursue charges, how would the court find out about the incident?
Customer: replied 1 year ago.
1. The sister was not raped, but was touched.2. We are going to seek a therapist
Expert:  Maverick replied 1 year ago.
Based on what you have described this appears to be a Class E Felony. See the law below:
39-13-505. Sexual battery
(a) Sexual battery is 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.
(b) As used in this section, "coercion" means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
(c) Sexual battery is a Class E felony.
The statute of limitations for this would be as follows:
TENN. CODE § 40-2-101 Felonies:
(4) For a class E felony, within two years
after commission of the offense.
So, at this point even if this were reported to the court / police/ DA, they could not prosecute the offense.
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Customer: replied 1 year ago.
Thank you for your time, your help has been much appreciated.
So to clarify one last time, this law is for juveniles as well as adults?
Expert:  Maverick replied 1 year ago.
Yes, that appears to be the case since the statute spell out rape offenses for children of different ages and assigns different felony classes for each but it does not do that for sexual assault. See examples below:
TENN. CODE § 39-13-506 Statutory rape
Mitigated statutory rape, class E felony, if
victim is at least 15 but under 18, and
offender is at least four but not more than
five years older than victim
Statutory rape, class E felony, if:
• Victim is at least 13 but under 15, and
offender is at least four years older
than victim, or
• Victim is at least 15 but under 18, and
offender is more than five years older
than victim
Aggravated statutory rape, class D felony, if
victim is at least 13 but under 18, and
offender is at least 10 years older than
victim
TENN. CODE § 39-13-522 Rape of a child more than
three but under 13
Class A felony
TENN. CODE § 39-13-527 Sexual battery by an
authority figure
Class C felony
TENN. CODE § 39-13-531 Aggravated rape of a child
three years or less
Class A felony

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