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Statutory Rape Archives

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

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