Chattanooga Rape of a Child Attorney
Aggressively Fighting for Your Future in TN
Getting charged with rape of a child is often life-changing. The news of the charge alone can damage your reputation, your job, and your relationship with your family members, even before your criminal trial. A conviction could lead to years in prison, forced registration as a sex offender, and a lifetime of dealing with the consequences of a conviction.
Do not allow these charges to dictate your life and your freedom!
By working with a skilled rape of a child lawyer in Chattanooga, you can start to build a defense plan that is designed to undermine the case against you and protect your interests. No matter whether charges are angry and inventive or you are innocent, the Law Offices of Meredith Mochel is here to help you when you need it most. Our goal is to fight for you and your rights at all phases of the criminal process.
Contact our office online or call (423) 250-1499 to learn more about how we can assist you with these charges.
Under Tennessee Law, What is Child Rape?
Tennessee takes the crime of child rape seriously. The state's laws are designed to offer enhanced protections to persons under a certain age ("the age of consent") to help deter and punish those who exploit young children. As a result, rape of a child charges are some of the most serious child sex crimes. Convictions can lead to harsh sentences, even if the defendant is a minor themselves at the time of the offense.
It is also worth being aware that "child rape" is a layperson's term for the statutory offense called "aggravated statutory rape" under our state's law. This can cause some confusion because the term "aggravated rape" is also used to describe violent sexual assault.
Objectively, Tennessee law defines rape of a child the same as the universal understanding of the term: sexual penetration or contact with any part of the mitigating offenses "occurring in the context of or as a result of coercion, compulsion, or similar conduct that shows an audacity of unlawful sexual intent, by word or commit." The only difference is the inclusion of a vulnerable class of victims and the Cook factors used to determine guilt or innocence.
There are several conditions for aggravated rape of a child:
- The age of consent must be at least four years older than the minor, and there must be a determination by the trier of fact (either the jury or judge) that the sexual action was primarily due to this age gap and not a result of consent.
- Sexual penetration, however slight, must be proven. Otherwise, a lesser offense may have occurred that would create a slippery slope to charging innocent parties with rape.
- There can be no statutory exceptions, such as being a medical provider rendering services independently.
Penalties for Child Rape in TN
There are several penalties under Tennessee law for child rape:
- Life in prison without the possibility of parole if the victim was aged 13 or younger
- Term no less than 40 years if the victim is aged 9 or younger but not yet aged 13
What Should I Do If I've Been Arrested for Child Rape?
If you are charged with rape of a child, it is natural to feel afraid and even hopeless. However, it is crucial that you understand that getting charged with a crime does not mean you are guilty and that your life is over. The US and Tenn. constitutions both recognize an individual's right to be presumed innocent unless proven otherwise in court.
The best way to protect your rights and interests at this point is to exercise your right to remain silent and to consult with and/or retain a criminal defense lawyer. By hiring an experienced attorney, like Meredith Mochel, you will understand the charges against you better and learn about the evidence upon which the allegations are based, without putting yourself at risk.
With what you know, there are a few things that you should keep in mind:
- Do not talk to the police. Police officers and investigators may approach you to request an interview or elicit some information. They may frame these conversations to sound like casual chats, but investigators are building a case against you. Statements that you make can be used against you, no matter how innocent you may think they are. Politely decline to speak to them until your lawyer is present.
- Contact an attorney immediately. Police may arrest you at some point in the process. Whether you are detained or you receive news that you face charges stemming from the incident, it is essential to get an attorney involved as soon as possible. A criminal defense lawyer can review your case critically and provide you with an assessment of the charges and possible defenses available. You should also get involved in selecting legal representation as soon as possible to give yourself the most strategic advantage and develop the most sophisticated defense.
- Understand that you should not speak to anyone about the case unless your attorney is also present. Your conversations could inadvertently place your attorney in an awkward position. It is best to avoid discussing the details with anyone else.
How Can an Attorney Help Me Fight Child Rape Charges?
Child rape charges result in multiple complex legal elements, and a conviction can lead to penalties that threaten your personal freedom and family life for decades, if not a lifetime. It is crucial for anybody facing child rape charges to vigorously challenge the prosecution's case and, if possible, develop a winning defense strategy.
Some strategies that a lawyer may use to create doubt, show your innocence, or speak to the charges' legal vagueness include:
- Creating an affirmative defense that the sexual activity was legal, non-coercive, and consensual, which requires challenging the exact events and situations that took place through credible and convincing evidence.
- Arguing mistaken identity and showing that there are multiple pieces of exculpatory evidence that suggest the police, the prosecution, or the alleged victims have confused you with somebody else.
- Challenging the legality of how the evidence was collected to convince the court to throw out incriminating pieces of evidence against you.
- Demonstrating the opposite extreme and that the evidence is inconclusive and unconvincing, creating doubt.
Also, an experienced criminal defense lawyer can often advocate for a plea bargain if a full acquittal or complete case dismissal is unlikely. Often, these deals help to mitigate penalties, decrease the time of separation from loved ones, and protect the accused from the harsher public judgments reserved for those convicted of "child rape."
Compassionate Legal Support for Wrongly Accused Individuals
There is an unfortunate way in our society where a person can be wrongly accused of rape of a child or another sex crime against a person or against property, and in recent years more specifically against a special class of victims.
Sometimes, factors that contribute to these wrongful accusations include:
- Identification errors (mistaken identity)
- False or flawed evidence
- Tampering with, mishandling, or fabricating evidence
- Poor memories
- Perception issues
The potential for conviction and the related consequences are often uncomfortable enough for individuals who already face criminal charges, but feeling wrongfully accused often compounds these negative emotions. Speaking with an experienced legal representative is the first and most important step in long road to establishing your innocence.
How Our Chattanooga Child Rape Attorneys Can Help
Not all child sex crimes are the same, and no two cases, no matter how similar they seem to be in the headlines or through public knowledge, are alike either. Our Chattanooga criminal defense attorney focuses on an individualized approach to the charges. We consider the facts, rules, and procedural guidelines to build a defense strategy that is designed to protect your Constitutional rights and showcase you in the most positive light.
If you have been accused of, charged with, or believe that you are under investigation for the crime of rape of a child or any other sex crime — do not hesitate to get in touch with us!
