Chattanooga Rape Defense Attorney

Guiding & Advocating for The Accused Across TN

Being accused of a sex crime is met with a lot of media, social, and political pressure. Tragically, it can sometimes lead to an unfair trial, a biased jury, and an all-around atmosphere of hostility.

If you’ve been accused of rape, it is important to have a proven legal team helping you navigate the legal process. Your future is worth fighting for, and our Chattanooga rape defense attorneys can offer the experience and skill that it can take to achieve a just legal outcome.

If you've been arrested or are worried you may be, contact our rape lawyer in Chattanooga immediately at (423) 264-2206 or fill out this online form.

Is Cavett, Abbott & Weiss My Best Option?

• More than 60 years of combined legal experience
• Proven track record of successful trial verdicts
• Would-do-anything-for-you advocacy and support
• Client-oriented counsel & personalized case strategies

Our Chattanooga rape defense attorney knows that honesty, expertise, resourcefulness, and results matter. When you become our client, we put our success in finding the best defense for you above everything else.

What You Need to Know About Rape Charges in TN

Tennessee law recognizes different types of rape charges. An individual can be charged with rape, aggravated rape, statutory rape, statutory rape by an authority figure, and more. The age of the victim, the circumstances under which the rape is alleged to have occurred, and other factors will determine what crime a person is charged within Tennessee.

Read more below to learn about the different types of rape allegations a person can face in the state, or contact Cavett, Abbott & Weiss online to get more information about the rape charge you're up against.

Rape

Under Tennessee Code § 39-13-503, rape involves sexual penetration with another person without consent. The key element in this charge is that the act is non-consensual and occurs under coercive circumstances or when the victim is unable to give consent, such as when they are intoxicated, unconscious, or incapacitated.

Rape is typically classified as a Class A felony in Tennessee. A conviction can result in a sentence of 8 to 30 years in prison, depending on the circumstances of the case. A conviction for basic rape may also require the defendant to register as a sex offender.

Aggravated Rape

Aggravated rape is considered a more severe form of rape under Tennessee law. It occurs when an individual engages in sexual penetration with another person through force or coercion and causes severe bodily injury or uses a weapon during the crime. Aggravated rape can also occur if the victim is disabled, mentally incapacitated, or otherwise incapable of giving consent.

This offense is classified as a Class A felony in Tennessee, which is the most serious classification for felony offenses. If convicted, a person faces a sentence of 15 to 25 years in prison, and the possibility of a life sentence, depending on the circumstances. Aggravated rape convictions also carry significant fines and the requirement to register as a sex offender.

Statutory Rape (Rape of a Child)

Statutory rape occurs when an adult engages in sexual penetration with a minor who is under the age of consent. In Tennessee, the legal age of consent is 18. However, if the victim is under the age of 18 and the offender is at least 4 years older than the victim, it can result in a statutory rape charge.

Rape of a child is considered a separate offense from regular rape and carries more severe penalties. If the child is under 13 years old, the offense is classified as a Class A felony, which can result in a sentence of 25 to 40 years in prison. If the victim is between the ages of 13 and 17, the charge may still result in a Class B or Class C felony, depending on the circumstances. Even in cases where the sexual encounter was consensual, it may still result in criminal charges if the victim is under the age of consent.

Date Rape

Date rape refers to a situation where the victim and the perpetrator are acquainted, typically through dating or a previous relationship. It often involves the use of drugs or alcohol to incapacitate the victim, rendering them unable to resist or give consent. Date rape is a form of sexual assault, and if it results in sexual penetration, it may lead to rape charges.

In Tennessee, date rape charges can fall under the category of basic rape or aggravated rape, depending on the circumstances. If the perpetrator used force or threats to obtain sexual contact or the victim was unconscious or incapacitated due to substances, the charge would likely be aggravated rape.

How to Defend Against Rape Charges

The prosecutors are aggressive in rape cases, so the defense lawyer must be even more so. Unfortunately, more aggressive problem-solving is not enough when building a smart defense against rape charges. 

The defense lawyer must carefully, methodically, and forensically evaluate all the evidence and be prepared with compelling counter-evidence and arguments. Meticulous casework is at the heart of any winning defense and must, therefore, be at the heart of the choice of a rape defense lawyer in Chattanooga.

Common defenses to rape charges include having previous consent, arguing false allegations, lack of evidence, alibi, mistaken identity, and insufficient intent, where the defense claims the act was unintentional or the result of a misunderstanding. Each of these defenses can be used to challenge rape charges and protect the accused.

How Rape Lawyers From Cavett, Abbott & Weiss Can Help

Facing rape charges in Tennessee is a life-altering experience, and the importance of competent legal representation cannot be overstated. The Chattanooga rape attorneys at Cavett, Abbott & Weiss have extensive experience defending clients against serious criminal charges, including rape. Our firm is known for its commitment to thorough case preparation, detailed investigation, and vigorous defense strategies.

Whether you are facing allegations of rape or another serious charge, the legal team at Cavett, Abbott & Weiss can help you navigate the complexities of the criminal justice system. We believe that every individual deserves a fair trial and a strong defense, and we will work tirelessly to ensure that your case is handled with the attention it deserves.

If you are facing a charge or investigation in a rape case, do not wait to get sophisticated legal counsel. Contact Cavett, Abbott & Weiss in Chattanooga, Tennessee immediately. Call (423) 264-2206 to learn more about how our criminal defense lawyers fight against rape charges.