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Posts tagged "Aggravated Sexual Battery"

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.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Court Affirms Denial of Mitigation in Sex Abuse Case

In criminal sentencing, mitigation factors can generally be argued and considered in offsetting enhancement factors and arguing for a lower sentence within a statutory range of punishment. Trial courts have discretion in considering what mitigating factors to apply, and may even consider factors not specifically listed by statute.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

Evidence Sufficient to Affirm Conviction for Rape of a Child

In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury's resolution of conflicting facts and evidence. Appellate courts review to determine whether there was evidence from which the jury could reasonably have reached its conclusions of guilt (jury acquittals are not appealable in the United States). In the recent case of State v. Pantaleon, M2012-00575-CCA-R3-CD (Tenn.Criim.App. 4-25-2013), the Tennessee Court of Criminal Appeals concluded the evidence was sufficient to support the Defendant's convictions for rape of a child and aggravated sexual battery.

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