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Posts tagged "rape"

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.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

Post-Trial Request for DNA Testing Must Meet Statutory Criteria

DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful to the accused at the trial stage, but was not tested or could not be tested then. Of course, DNA testing is not cheap or easy. So certain statutory criteria must be met to qualify for post-trial testing. As the Tennessee Court of Criminal Appeals noted in the recent case of Tolley v. State, W2011-01816-CCA-MR3-PC (Tenn.Crim.App. 10-25-2012), the request must specify what evidence exists which could be further tested and lead to exculpatory results.

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