Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

What is the statute of limitations in Tennessee minor

Customer Question
What is the statute...
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: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
6/4/2015
Family Lawyer: Maverick, Lawyer replied 3 years ago
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,656
Experience: 20 years of professional experience
Verified
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?
Ask Your Own Family Law Question
Customer reply replied 3 years ago
1. The sister was not raped, but was touched.2. We are going to seek a therapist
Family Lawyer: Maverick, Lawyer replied 3 years 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.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
Ask Your Own Family Law Question
Customer reply replied 3 years 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?
Family Lawyer: Maverick, Lawyer replied 3 years 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
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6,656
6,656 Satisfied Customers
Experience: 20 years of professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Can my family still get justice from my father sexually and
Can my family still get justice from my father sexually and physically abusing my sisters and brother when we were children. He was sent to jail in 1994 in Arizona and was let free, because my older s… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
156 satisfied customers
My sister walked in on her husband molesting her 5 year old
My sister walked in on her husband molesting her 5 year old daughter in August of 2017. Long story short, the police were called and there was an 8 hour standoff with the police. He was finally arrest… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
My child was molested as a child and unfortunately the
My child was molested as a child and unfortunately the pedophile was warned so police dropped the investigation stating, there's nothing more they can do (fast). My daughter then went civil court and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently became legal guardian of two children who have
I recently became legal guardian of two foster children who have been in our home for nearly two years. One will turn 17 and says she's moving out when she's 17. She's still in school and working a pa… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
You are a lawyer? California. Something related reported but
something related reported but nothing related to me … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is there a statute of limitations to abuse as a child? I'm
Is there a statute of limitations to sexual abuse as a child? I'm 55 yr old female and was recently told by an older sister that when I was 3 and another sister 7, we were molested by 2 brothers. One … read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
In 1994, I was visiting my sister and brother-in-law who
In 1994, I was visiting my sister and brother-in-law who just moved back to the states from Germany. They were military. I was 17. My brother in law was 23/24. We had sexual intercourse. I never told … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
Can I file abuse charges on my brother? It seems odd but I
Can I file abuse charges on my brother? It seems odd but I don't want him around me or my child when he gets out of prison even though it has been several years since he broke my skull when I was only… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My daughter recently turned 18, she was to be able to get her
My daughter recently turned 18, she was to be able to get her savings that I've paid to her since she was around 3 yrs old. Her mother was the guardian of the account. The mother told her it is all go… read more
LegalGems
LegalGems
Juris Doctorate
12,817 satisfied customers
is it possible for a 16 year to chose to move in with a family
is it possible for a 16 year to chose to move in with a family member without the parents consent. There is neglect but not abuse. The parents were never married and never lived together… read more
Erin M. JD
Erin M. JD
Attorney
Juris Doctor
137 satisfied customers
My family has adopted one full sibling. The TPR was just done
My family has adopted one full sibling. The TPR was just done last week on a second child. During this time another child has been born. Finally a distant family member stepped up and wanted the 3rd c… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Pro Se, currently involved in a Temporary Guardianship Cause
Pro Se, currently involved in a Temporary Guardianship Cause in Indiana where I lost my child to her grandmother (father's side) for a little over a year. GAL came out with her report stating that I s… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
In Illinois does a child whose mother is deceased have visitation
In Illinois does a child whose mother is deceased have visitation rights with his half sisters if the surviving spouse has legal custody of the two daughters in question?… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
This question is on my sister in laws behalf. Situation
This question is on my sister in law's behalf. Situation: Husband and wife are discussing a molestation , the perpetrator, being her father in law. The father in law years later uses an affidavit from… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I was molested by my brother when I was nine and he was 13.
I was molested by my brother when I was nine and he was 13. Abuse continued for over 5 years into his adulthood. Never had sex with me but masterbated on me and put mouth on me forcibly. Used threats … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
IS LEGAL THAT A GUARDIAN AD LINEN MEETS IN PRIVATE WITH ONLY
IS LEGAL THAT A GUARDIAN AD LINEN MEETS IN PRIVATE WITH ONLY ONE OF THE LAWYERS OF A DIVORCE?… read more
PlotinusLaw
PlotinusLaw
Attorney at Law
Juris Doctor
731 satisfied customers
My grand-daughter, Kaylee, was born 4-17-07. She and her mother,
My grand-daughter, Kaylee, was born 4-17-07. She and her mother, my daughter, Brandee, have always lived with me. I have been the primary caregiver and supporter since Kaylee has been born. Brandee jo… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
My step-son who is 18 and in college was recently disowned
My step-son who is 18 and in college was recently disowned by his biological mother. He now resides with myself and his biological father. The problem is, he has a real brother and also two half-broth… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x