Aggravated Rape of a Child Is Now a Capital Crime in TN

 Posted on August 29, 2024 in Criminal Defense

On May 9th of this year, the Tennessee Governor made the aggravated rape of a child a capital offense. Last year, Florida passed a similar law even though both states’ laws directly contradict Supreme Court decisions. The Supreme Court Justices found in more than one case that a crime that does not result in death may not be punished by death.   

This TN law amends TCA Title 39, Title 40, and Chapter 1062 of the Public Acts of 2022.  Prior to the new law, aggravated rape of a child was a Class A felony, with a maximum sentence of life in prison without the possibility of parole unless the defendant was a juvenile at the time of the offense.  If you have been accused of any type of sex crime, especially one against a child, you may have already been tried and found guilty in the court of public opinion.

There is a stigma attached to sex crimes that can be difficult to shake, even when the defendant is found not guilty of the crime. Having an experienced Union County, TN child sex crimes attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney helps to ensure that justice rather than vengeance takes precedence and that you receive a strong defense.

Will the Supreme Court Rule Against the TN Law?

In 1977, the Supreme Court held in Coker v. Georgia that the death penalty is a disproportionate punishment for rape. Kennedy v. Louisiana in 2008 extended this ruling to include child victims of rape. Although the Supreme Court acknowledged the severe level of physical and emotional pain endured by child victims, they still found the death penalty to be excessive when no death resulted from the crime.    

When you consider that almost a third of child sex abuse victims are abused by members of their own family, and 90 percent of child victims know their abuser, it becomes clear that the death penalty for this crime could actually cause further trauma to young victims. If the person who committed the offense is a father, a grandfather, an uncle, a cousin, or a neighbor, a child will bear the weight of a death sentence.

What if the Child Was Coached or Untruthful Regarding the Rape Allegations?

The National Registry of Exonerations has identified more than 300 wrongful convictions involving child sexual abuse. In the Kennedy v. Louisiana decision, Justices discussed the fact that young children are highly susceptible to law enforcement "suggestions" during interviews.  Punishing this offense with the death penalty also forces an ethical decision on the child that they are too young to understand or deal with. The risk of a wrongful conviction and an execution for a wrongful conviction increases significantly when the victim is a child, yet once the death penalty has been implemented, there is no going back.   

Collateral Damage of a Conviction for Aggravated Rape of a Child

Those convicted of aggravated rape of a child could face harsh sentencing, even if the death penalty is not imposed. When released from prison, it can be difficult to obtain employment; there may be restrictions on where a felon may live or work. Convicted felons may not own a firearm and may not attend college on a government student loan. Most felons are unable to obtain a professional license or volunteer with certain organizations.  Custody or visitation rights may be lost, and there will be the necessity of registering as a sex offender, perhaps for the remainder of the person’s life.  

Contact an Anderson County, TN Child Sex Crimes Attorney

If you are facing allegations of a sex crime against a child in Tennessee, strong legal representation is essential. The dedicated legal team at Jeffrey Coller, Knoxville Criminal Defense Attorney has a deep understanding of the issues and complexities surrounding sex crimes. When you choose a Blount County, TN child sex crimes attorney, you will receive compassionate support while we aggressively fight for your rights and your future. Contact Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 to schedule a free consultation to discuss your charges.