who can press charges, mom, brother or stranger?

Tennessee

I am a 19 year old girl about to be 20 in July. My boyfriend is 14 about to be 15 in May. His mom is fine with us dating, just not having sex.. Who has the right to take legal action?

The District Attorney (AKA prosecuting attorney) of the State of Tennessee has the right (actually the sworn duty) to take criminal legal action against anyone who violates state laws if there is reasonable evidence to support bringing a case before the court.

Anyone can file a complaint, or report with law enforcement. There are certain professionals (teachers, medical professionals, etc...) who are required by law to file a report if they have reasonable suspicion that a crime is being committed against a minor.

Ultimately, a report must first be filed with law enforcement. Law enforcement or the District Attorney decide to investigate the complaint or not; based on the information from an investigation, the District Attorney makes the decision to either press charges and pursue the criminal case or not.

Tennessee State Law 39-13-506. Statutory rape.

(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.

(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

(1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or

(2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.

(c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.

(d) (1) Mitigated statutory rape is a Class E felony.

(2) Statutory rape is a Class E felony.

(3) Aggravated statutory rape is a Class D felony.

Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7.]


Submitted by Anonymous (not verified) on Tue, 10/05/2010 - 07:38.

This is so sad teenagers cant do anything without being judged the grown ups knew how it felt to be young and open to new ideas this is pitiful

Submitted by Anonymous (not verified) on Sun, 01/04/2009 - 01:49.

I have questions on two crimes in TN. Fist is statutory rape, girl 17 adopted Dad 47. What evidence do we need and what is the statute of limitations?

Second is incest, girl 17 adopted Dad 47. What evidence do we need and what is the statute of limitations?

The 'Dad' is my husband of 29 years, I have 4 other YOUNG children. Who can help me divorce this cretin when I don't have a ton of money? He says if I tell the truth in Divorce court the state will remove my children from me.

When I turn him in to the law, could the state come to remove my children?

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