Many of the “backlogged” rape cases now being prosecuted in Shelby County are aggravated rapes. Because all crimes must be prosecuted under the statute of limitations that existed at the time of the offense, many Memphis rape cases — with only 8 years to prosecute —  have been lost.

In 2014, the Tennessee legislature removed the statute of limitations for rape.

However, the change applies only to subsequent cases.

It does not remove the statute of limitations for past cases.

Q: What is a statute of limitations?

A: The statute of limitations is a law that limits the amount of time in which legal action may be brought. In a rape case, legal action means prosecution.

Q: Who does it apply to?

A: In the context of criminal cases, the statute of limits applies to the state government.  It requires prosecutors to bring charges within a certain amount of time.

Q: When does the statute of limitations begin?

A: Generally, the statute of limitations begins at the time of the crime.

Q: When does the statute of limitations stop?

A: In criminal cases, the statute of limitations stops when prosecutors file charges.  This is called an indictment.

Q: What if the government doesn’t prosecute a case within the statute of limitations?

A: Subject to some exceptions, the case is time-barred and cannot be prosecuted.

Q: What is the statute of limitations in my case?

A: In Tennessee, a crime’s statute of limitations depends on the way the crime is classified.  In criminal law, there are felonies and misdemeanors, and in Tennessee there are different “classes” — A, B, C, D, and E —  of felonies and misdemeanors.  The higher the class, the more severe the offense is considered to be.  The class of the crime determines the statute of limitation. Class A felonies must be prosecuted within 15 years of the crime.  Class B felonies must be prosecuted within 8 years.  Class C and D felonies must be prosecuted within 4 years.  Class E felonies must be prosecuted within 2 years.

There may be exceptions depending on the victim’s age.  Over the last 25 years, the state legislature has made several changes to the statutes of limitations for sex crimes against children.  Each case’s statute of limitations depends on the facts of the offense and the law that existed at the time of the offense.

Felony sexual offenses, by class (under current law):

  • Class A: aggravated rape, rape of a child, aggravated rape of a child
  • Class B: rape, aggravated sexual battery
  • Class C: sexual battery by an authority figure, incest
  • Class D: aggravated statutory rape
  • Class E: sexual battery, statutory rape, mitigated statutory rape

Q: What makes a crime “aggravated”?

A:  “Aggravated” generally means the law considers the offense to be more severe than other forms of similar offenses.

In rape cases:

  • Under TCA 39-13-502, aggravated rape is defined as “unlawful sexual penetration of a victim” PLUS any one of the following circumstances:
    • “Force or coercion” is used and the defendant is armed with a weapon (or any object that is designed in a manner to make the victim reasonably think it is a weapon);
    • The defendant causes bodily harm to the victim;
    • The defendant is “aided or abetted” by 1 or more other people; and “force or coercion” is used to accomplish the attack; OR “the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.”

Note that in 1992 the legislature created a separate crime, rape of a child, which is an A felony.  The current version of the statute, at TCA 39-13-522, designates “child” as more than 3 years of age but less than 13 years of age.

In 2006, the legislature created the offense of aggravated rape of a child, which is also an A felony.  Under TCA 39-13-531, this offense applies to victims who are 3 years of age or less.

In sexual battery cases:

Sexual battery, under TCA 39-13-505, is “unlawful sexual contact” without the consent of the victim.  Sexual battery is essentially rape without penetration.

  • Under TCA 39-13-504, sexual battery is considered aggravated when
    • “Force or coercion” is used and the defendant is armed with a weapon (or any object that is designed in a manner to make the victim reasonably think it is a weapon);
    • The defendant causes bodily harm to the victim;
    • The defendant is “aided or abetted” by 1 or more other people; and “force or coercion” is used to accomplish the attack; OR “the defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless”; OR
    • The victim is less than 13 years of age.

Q: What if my rapist’s identity is still unknown, but law enforcement has a DNA profile?

A: Prosecutors can indict an individual’s DNA profile even if the person’s identity is unknown.  This stops the statute of limitations from running.  When the suspect is identified, prosecutors will be able to move forward with the case.

NOTE:

Cited Tennessee Code selections are current as of 2015.  All states have different criminal laws and procedures.  This guide is not intended as a substitute for legal advice.  You should talk to an attorney if you feel your legal rights have been violated.

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