Legal Question in Criminal Law in Tennessee

aligations

I have been accussed of raping a minor female,I am supossed to submitt to a polygraph, I asked to have the child examined, DCS said they wouldn't do it becuase the aligations were made so long ago that if they examined her that it wouldn't do any good. But, it could prove that she hasn't been touched, need help. please. thanks


Asked on 12/02/06, 7:03 pm

1 Answer from Attorneys

David Heroux Haymaker & Heroux P.C.

Re: aligations

Based upon your email, in Tennessee the crime you are describing is a Class A-Felony if the alleged victim is under the age of 13, and such would be punishable by 15 to 60 years for each count without the possibility of probation or parole. However, the crime you described is a Class E-Felony if the alleged victim is 13 or older and the sexual contact was consensual, and such is punishable by 1 to 6 years in prison. Finally, the crime you described could be Rape by force without a weapon, a Class B-Felony punishable by 8 to 30 years without the possibility of probation. YOU NEED A LAWYER.

The question of taking a polygraph should be addressed to your lawyer. Only after your lawyer advises you to take a polygraph should you consider taking such an exam. Everything you say can and will be used against you. Do not take a polygraph until you have fully discussed this situation with your lawyer, and then only upon the advice of your lawyer should you agree to take a polygraph. YOU NEED A LAWYER.

Continued discussions about this case with law enforcement or child protective services will likely result in you making statements which will be used against you. You should only have such discussions after full discussions with your lawyer and then only upon your lawyers advice. YOU NEED A LAWYER.

If you would like to contact my office for a free consultation over the telephone, you may contact me at the number on my website at �TennesseeDefense.com� or email me at the contact listed on that website. YOU NEED A LAWYER.

The preceding does not establish an attorney client relationship and should not be relied upon as legal advice. It is solely a response to a limited inquiry and before legal advice can be given, additional information is needed.

Read more
Answered on 12/03/06, 10:42 am


Related Questions & Answers

More Criminal Law questions and answers in Tennessee