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Sexual Battery Archives

Aggravated Sexual Battery No Longer a Lesser Included of Rape of a Child

The crime of 'sexual battery' in Tennessee differs from the crime of 'rape' in that sexual battery only requires 'sexual contact' and rape requires 'sexual penetration.' These terms are defined by statute. 'Sexual contact' requires that the contact be for the purpose of 'sexual gratification.' 'Sexual penetration' does not require such a purpose. Even though sexual battery requires proof of a fact (a purpose of sexual gratification) that rape does not, it was for a number of years considered a lesser included offense of rape, under case law developed to define lesser included offenses. However, in 2009, the state legislature enacted a statute defining lesser included offenses. The Court of Criminal Appeals has interpreted this statute as departing significantly from prior law. In the recent case of State v Ortega, M2014-01042-CCA-R3-CD (Tenn.Crim.App. 4-23-2015), the Court of Criminal Appeals reversed and dismissed a conviction of aggravated sexual battery (as a lesser included offense), concluding it has not been a lesser included offense of rape of a child since July 2009.

Evidence Sufficient to Convict of Sexual Battery by an Authority Figure

The Tennessee crime of sexual battery by an authority figure involves unlawful sexual contact with a person age thirteen through seventeen, accomplished by using legal, professional, or occupational status placing the offender in a position of trust, supervisory, or legal authority over the victim. Tennessee Code Annotated, Section 39-13-527. On appeal of the Defendant's conviction for this crime in the recent case of State v. Beu, E2012-00176-CCA-R3-CD (Tenn.Crim.App. 12-20-2012), the Defendant argued that a Defendant should not be convicted of sexual battery without some physical evidence corroborating the testimonial evidence. The Court of Criminal Appeals rejected that argument.

Evidence Sufficient to Convict of Sexual Battery by an Authority Figure

The Tennessee crime of sexual battery by an authority figure involves unlawful sexual contact with a person age thirteen through seventeen, accomplished by using legal, professional, or occupational status placing the offender in a position of trust, supervisory, or legal authority over the victim. Tennessee Code Annotated, Section 39-13-527. On appeal of the Defendant's conviction for this crime in the recent case of State v. Beu, E2012-00176-CCA-R3-CD (Tenn.Crim.App. 12-20-2012), the Defendant argued that a Defendant should not be convicted of sexual battery without some physical evidence corroborating the testimonial evidence. The Court of Criminal Appeals rejected that argument.

Evidence Sufficient to Convict of Sexual Battery by an Authority Figure

The Tennessee crime of sexual battery by an authority figure involves unlawful sexual contact with a person age thirteen through seventeen, accomplished by using legal, professional, or occupational status placing the offender in a position of trust, supervisory, or legal authority over the victim. Tennessee Code Annotated, Section 39-13-527. On appeal of the Defendant's conviction for this crime in the recent case of State v. Beu, E2012-00176-CCA-R3-CD (Tenn.Crim.App. 12-20-2012), the Defendant argued that a Defendant should not be convicted of sexual battery without some physical evidence corroborating the testimonial evidence. The Court of Criminal Appeals rejected that argument.

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