A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Tennessee, the criminal offense of sexual assault of a child is referred to as 'statutory rape' or 'aggravated sexual battery' depending on the circumstances of the offense. Tennessee Code Annotated (T.C.A.) § 39-13-506 defines statutory rape as engaging in sexual penetration with a person who is between 13 and 18 years old when the perpetrator is at least four years older than the victim. Aggravated sexual battery, defined under T.C.A. § 39-13-504, occurs when unlawful sexual contact with a victim who is less than 13 years old is committed by the perpetrator, regardless of the perpetrator's knowledge of the victim's age. These offenses are felonies, and the severity of the charges and penalties can vary based on factors such as the ages of the perpetrator and victim, the nature of the act, and the perpetrator's criminal history. It is important to note that ignorance of the victim's age is not a defense to statutory rape or aggravated sexual battery in Tennessee.