Rape Attorney in Memphis

Also Serving Clients across Southaven

If you were charged with rape in Tennessee, you should retain strong legal defense as soon as possible. Individuals charged with sex crimes in this state are aggressively prosecuted and, if convicted, severely punished. If are facing a rape charge, it could result in a felony conviction, tens of thousands of dollars in fines, decades in prison, and mandatory registration in the national sex offender registry.

At Ferguson McNeil Law Firm, P.A., our Memphis rape attorney is highly skilled in this complex area of law. With over 35 years of experience fighting for clients charged sex crimes, we have a long track record of success and an in-depth understanding of Tennessee rape laws. Our legal team can guide you throughout every stage of the criminal process as we fight for your rights and best interests.

Call Ferguson McNeil Law Firm, P.A. today at (901) 878-5434 or contact us online to schedule a consultation with our Memphis rape attorney.

Uniquely Positioned for Success

Attorney Claiborne Ferguson is a Board Certified Specialist in Criminal Trial Advocacy, meaning he is more than capable of handling all aspects of your case. He also has a 10.0 Superb Avvo Rating, which is the highest possible rating. He has won numerous awards for his legal proficiency, and he knows what it takes to succeed. No matter how difficult your problem may seem, we have the experience and skills required to help you resolve it. You can count on us for the aggressive and effective representation you deserve.

Depending on your specific case, you may be charged with any of the following:

• Class E felony. Common offenses include statutory rape and sexual battery. If convicted, you face up to $3,000 in fines and 1 to 6 years in prison.
• Class D felony. A common offense is aggravated statutory rape. If convicted, you face up to $5,000 in fines and 2 to 12 years in prison.
• Class C felony. Common offenses include sexual battery by an authority figure and statutory rape by an authority figure. If convicted, you face up to $10,000 in fines and 3 to 15 years in prison.
• Class B felony. Common offenses include aggravated sexual battery and rape. If convicted, you face up to $25,000 in fines and 8 to 30 years in prison.
• Class A felony. Common offenses include rape of a child and aggravated rape. If convicted, you face up to $50,000 in fines and 15 to 60 years in prison.

What is Rape under Tennessee Law?

In Tennessee, rape is a serious criminal offense and is defined as non-consensual sexual intercourse or sexual penetration. The legal definition of rape under Tennessee law involves the following key elements:

• Force: Rape typically involves force or the threat of force. This means that the act of penetration occurred without the victim's consent and through physical coercion or the fear of harm.
• Incapacity: If the victim is incapacitated due to intoxication, unconsciousness, or mental impairment, they cannot legally consent to sexual activity. Rape charges may apply if the defendant knowingly takes advantage of the victim's inability to consent.
• Consent: Consent is defined as the voluntary, affirmative agreement to engage in sexual activity. Without clear consent, any sexual contact may be considered assault or rape.

In Tennessee, rape is categorized as a Class A felony, which carries severe penalties, including significant prison time. It is different from sexual assault, which refers to a broader category of non-consensual sexual conduct, such as groping or forced touching.

The Rape Investigation Process in Tennessee

The investigation of a rape case in Tennessee typically follows a specific process:

1. Initial Report: The process starts when the victim reports the assault to law enforcement. The police may take a statement from the victim and document any injuries or evidence.
2. Evidence Collection: DNA evidence is often a critical component in rape investigations. This may include biological samples from the victim (like saliva or semen) or from the defendant’s clothing.
3. Examination: The victim may undergo a rape kit examination at a hospital, where evidence like swabs and bodily fluids are collected.
4. Interviews and Statements: The defendant may be questioned, and the police will gather statements from any potential witnesses.
5. Case Review: All the collected evidence is reviewed, and law enforcement may decide whether there’s enough to file charges.

A skilled defense attorney can review the investigation process for any errors or violations of the defendant's rights and may challenge any improperly collected evidence, such as if proper consent was not obtained for a search or if evidence was mishandled.

The Importance of Having a Skilled Defense Attorney in Rape Cases

When facing rape charges in Tennessee, hiring an experienced criminal defense attorney is crucial for several reasons:

• Aggressive Prosecution: Tennessee has strict laws and aggressive prosecution when it comes to sex crimes, especially rape. A seasoned attorney understands the nuances of these cases and can protect your rights at every step.
• Case Strategy: Your lawyer will carefully examine the evidence, identify potential flaws in the prosecution’s case, and develop a strategy to defend you, whether that’s challenging the credibility of the victim or disputing the evidence.
• Experienced Negotiator: In some cases, it may be possible to negotiate a plea deal, reducing charges or penalties. An attorney will ensure you fully understand your options before making any decisions.
• Emotional Support: Facing a rape charge is incredibly stressful. An experienced attorney will offer guidance, helping you understand the legal process and giving you confidence in your defense.

Having a lawyer who is knowledgeable about the complexities of rape cases and the law in Tennessee can make a significant difference in the outcome of your case.

Frequently Asked Questions (FAQ)

• What is the difference between rape and sexual assault in Tennessee?
  In Tennessee, rape refers to non-consensual sexual intercourse or penetration, while sexual assault is a broader term that encompasses any form of non-consensual sexual contact or touching. Rape is typically considered a more severe offense and is categorized as a Class A felony, while sexual assault may be classified as a Class B or Class C felony, depending on the circumstances.
• Can I be convicted of rape even if the victim did not report the incident immediately?
  Yes, it is possible to be convicted of rape even if the victim did not report the crime immediately. Delayed reporting does not invalidate the accusation, although it may affect the credibility of the victim's testimony. An experienced defense attorney may challenge the timeline or seek to cast doubt on the allegations based on the delay.
• How does the age of the alleged victim impact rape charges?
  If the alleged victim is under the age of consent, which is 18 in Tennessee, the charges may be considered statutory rape or aggravated rape. These offenses carry more severe penalties, especially if the victim is under 13. The severity of the charges can depend on the age difference between the accused and the victim, as well as other factors like coercion or the use of a weapon.
• What factors can lead to elevated rape charges in Tennessee?
  Certain aggravating factors can lead to elevated charges in Tennessee, such as:
  • If the victim was physically or mentally incapacitated
  • If a weapon was involved during the assault
  • If the victim is a minor or otherwise vulnerable
  • If the accused had a position of authority or trust over the victim

These factors may lead to more serious felony charges, heavier fines, and longer prison sentences.

• What is the statute of limitations for rape charges in Tennessee?
  In Tennessee, the statute of limitations for most rape charges is 30 years from the date of the offense. However, for certain cases involving minors or aggravated offenses, the statute of limitations may be extended, and charges can be filed even after many years have passed.
• What should I do if I am falsely accused of rape?
  If you have been falsely accused of rape, it’s important to remain calm and avoid making statements that could further incriminate you. Contact an experienced defense attorney immediately. They will help you navigate the legal process, gather evidence in your defense, and challenge the accusations in court.
• Can my rape conviction be expunged in Tennessee?
  In Tennessee, it is generally not possible to expunge a rape conviction from your criminal record. However, depending on the circumstances, some criminal convictions may be eligible for expungement or sealing under certain conditions. It is best to consult with an attorney to understand your specific situation.

Call (901) 878-5434 Today

Your charges may be elevated if there were certain factors involved in your case. For instance, if you used a weapon, if the defendant was below a certain age, or if the defendant is mentally or physically incapacitated, you may face elevated charges and harsher penalties. It is best to consult with a knowledgeable rape attorney in Memphis to determine your next best steps for moving forward. Call us at (901) 878-5434 and learn more about how we can assist you.

Facing serious charges? Contact us now at (901) 878-5434 for aggressive legal defense.