Nashville Rape Defense Attorney

Skilled Defense Against Rape Allegations in Tennessee

When you find yourself facing allegations of rape in Nashville, you need an experienced criminal defense team to safeguard your rights and defend your case. At The Law Office of Lucas B. Willoughby, our Nashville rape defense lawyer understands the gravity of these charges and the potential consequences and is here to help you navigate the legal system and fight for your rights.

From the moment you learn that you are under investigation or have been arrested, taking quick action to protect yourself can make a meaningful difference in how your case proceeds. Our firm can step in to communicate with detectives, advise you before any questioning, and begin gathering evidence that supports your side of the story. 

Because we are based in Nashville, we are familiar with how cases move through local courts such as the Davidson County Criminal Court and General Sessions Court, and we use that knowledge to help you understand what to expect next and how best to prepare.

Call the Law Office of Lucas B. Willoughby today at (615) 745-3434 or contact us online to schedule a consultation with our rape defense lawyer in Nashville.

What Constitutes Rape in TN?

Rape is a serious sex offense in Tennessee, as it is in every state across the nation. It involves engaging in non-consensual sexual intercourse with another person. The key element in any rape case is the lack of consent from one of the involved parties. 

Consent must be given voluntarily, and it can be removed at any time during the sexual activity. If sexual intercourse occurs without the clear and voluntary consent of all parties involved, it may be considered rape.

It is important to note that rape charges can encompass an expansive range of circumstances and can involve different degrees and classifications, such as aggravated rape, statutory rape, or spousal rape.

Tennessee law also distinguishes between several degrees of sexual offenses, each carrying different weight in the eyes of the court:

• Rape (T.C.A. § 39-13-503): Typically a Class B felony.
• Aggravated Rape (T.C.A. § 39-13-502): A Class A felony, occurring when rape is accompanied by factors like the use of a weapon, bodily injury to the victim, or being aided by another person.
• Statutory Rape (T.C.A. § 39-13-506): Involves sexual penetration with a minor, where the legality is determined by the age gap between the parties.
• Spousal Rape: Tennessee law does not exempt spouses from prosecution for rape. Non-consensual sexual penetration within a marriage is prosecuted under the same rape statutes and carries the same felony penalties.

These offenses are defined by Tennessee law, and the specific charge you face will depend on factors such as the ages of the people involved, whether force or threats were alleged, and whether any weapons were used. In some situations, prosecutors in Nashville-Davidson may pursue related charges like attempted rape or sexual battery based on the same set of facts.

What are the Penalties for Rape Convictions in TN?

The penalties for a rape conviction in Tennessee are severe and life-altering. They can include:

• Imprisonment: A Class B felony conviction for rape typically carries a sentence of 8 to 30 years in prison. An Aggravated Rape conviction (Class A felony) can result in 15 to 60 years or even life imprisonment.
• Fines: You may face fines up to $25,000 for Class B felonies or $50,000 for Class A felonies.
• Sex Offender Registry: A conviction requires lifetime registration on the Tennessee Sex Offender Registry. This public database lists your photo, address, and offense, making it accessible to neighbors, employers, and the general public.
• Community Supervision for Life: Even after completing a prison sentence, you may be subject to lifetime supervision, which includes strict travel restrictions and monitoring.
• Probation: In some cases, probation may be granted, but this often comes with strict conditions and monitoring.
• Criminal Record: A rape conviction will result in a permanent criminal record, which can greatly impact your future prospects and opportunities.
• Loss of Rights: Convicted felons may lose certain rights, such as the right to vote and the right to possess firearms.

Beyond the formal penalties imposed by the court, a rape conviction can affect nearly every part of your daily life. You may encounter difficulties maintaining or finding employment, securing housing, or pursuing educational opportunities, and relationships with family and friends can be strained. 

These collateral consequences can feel overwhelming, especially in a close-knit community like Nashville-Davidson where news can travel quickly. When we evaluate your case, we consider not just the immediate charges, but how different legal strategies could impact your long-term goals and ability to move forward.

What is The Tennessee Criminal Defense Process for Rape Charges?

The legal journey for a sex crime charge is complex and requires meticulous attention to detail at every stage:

• The Investigation Phase: Often, a Nashville rape defense attorney is contacted while a client is still under investigation. We can intervene early, potentially preventing an arrest or ensuring your statements are not used against you.
• The SANE Exam and Forensic Evidence: In the aftermath of an accusation, the "Sexual Assault Nurse Examiner" (SANE) report is a critical piece of evidence. We carefully review these medical records for inconsistencies.
• Grand Jury Indictment: In Tennessee, felony cases must be presented to a Grand Jury. While this is a secret proceeding, we prepare for the subsequent formal charges.
• Discovery and Pre-Trial Motions: This is the most critical phase. We demand all evidence, including DNA samples, "rape kit" results, text messages, and social media records. We file motions to suppress any evidence obtained through illegal searches or coerced statements.
• Trial: If a dismissal or favorable plea cannot be reached, we take the case to trial, where we cross-examine accusers and present expert testimony to challenge the prosecution’s version of events.

How Do We Protect Your Rights During a Rape Investigation?

Many people contact a lawyer before any formal charges are filed, often after learning that the Metro Nashville Police Department wants to ask questions or that a detective has reached out. This investigation stage is critical because statements you make, evidence you provide, and the way you respond to law enforcement can all shape how the Davidson County District Attorney’s Office decides to proceed. 

We can advise you about whether to speak with investigators, help you respond to requests for interviews, and work to ensure that your constitutional rights are respected from the very beginning. Having guidance early on can also reduce the risk of misunderstandings or incomplete information being used against you later in court.

During an investigation, we may help you gather and preserve texts, emails, social media messages, location data, and other information that could support your version of events. We can also explain what it means if a case is sent to the Davidson County Grand Jury, what to expect at initial appearances in General Sessions Court, and how bail and release conditions are typically addressed in Nashville. 

For someone searching for a rape defense attorney in Nashville-Davidson, understanding this process can make it easier to decide when to reach out for help and how actively you want to participate in building your defense.

Possible Defense Strategies Against Rape Charges

Defenses against rape charges may include the following:

• Consent: If it can be demonstrated that the sexual activity in question occurred with the clear and voluntary consent of all parties involved, it may be possible to have the charges reduced or dismissed.
• Alibi: If you can provide evidence that you were not present at the location where the alleged rape occurred, it could cast doubt on your involvement.
• False Accusations: In some cases, false accusations of rape are made for various reasons. We can investigate the credibility of the accuser and any potential motives for making false claims.
• Lack of Evidence: If there is insufficient evidence to prove your guilt beyond a reasonable doubt, the charges against you could be dropped or reduced.
• Police Misconduct: Any misconduct by law enforcement, such as mishandling evidence or coercing statements, can be grounds for a strong defense.
• Mistaken Identity: Eyewitness testimony can be unreliable, and mistaken identity can lead to wrongful accusations. We can diligently investigate whether you were misidentified as the perpetrator.

Every rape case is different, and the most effective defense strategy will depend on the specific facts, the evidence the prosecution intends to use, and how your case is being handled in the local courts. We may review forensic reports, text messages, social media communications, medical records, and witness statements to identify inconsistencies or gaps in the state’s theory. 

In Nashville, this can also include examining how law enforcement with the Metro Nashville Police Department conducted the investigation and whether your constitutional rights were respected at each stage, so that any improper evidence can be challenged in court.

Reach Out to Work with Our Nashville Rape Defense Lawyer

Don't wait to seek legal counsel. Contact the Law Office of Lucas B. Willoughby today to schedule a consultation with our Nashville rape defense attorney. We will listen to your side of the story, explain your legal options, and develop a strategic defense tailored to your unique circumstances. Your future and freedom are at stake, and we are here to fight for you every step of the way.

When you work with us, we focus on providing clear communication and steady guidance from your first call until your case is resolved. We can discuss how charges are typically prosecuted by the Davidson County District Attorney’s Office, what hearings you may need to attend at the courthouse, and realistic timelines for each phase of the process. 

For someone searching for a rape attorney in Nashville, having a legal team that is both accessible and familiar with the local system can offer reassurance during an otherwise overwhelming time.

Contact the Law Office of Lucas B. Willoughby online or call (615) 745-3434 today to get started with our Nashville rape defense lawyer.