Can Domestic Violence Include Sexual Abuse or Sexual Harassment?
In 2021, there were 67,590 cases reported of domestic violence in the Volunteer State. If charges are pressed against you, you will be charged with domestic assault under Tennessee law. A person can be charged with domestic assault if they injure or cause another person fear of injury or if they physically restrain a person within their domestic circle.
If you are facing allegations of domestic violence, our Nashville domestic violence lawyers are ready to defend your reputation.
What Constitutes Domestic Violence in Tennessee?
TN Code §39-13-101 states that an individual commits assault in the following situations:
- Intentionally, knowingly, or recklessly causing a person bodily injury;
- Intentionally or knowingly causing another person fear of bodily injury; or
- Physical contact with another person would be considered offensive or provocative.
To be charged with domestic violence, the act must involve at least one of the following relationships:
- Current or former spouses;
- Persons who currently live together;
- Persons who used to live together;
- Persons who are currently dating;
- Persons who used to date;
- Persons related by blood or adoption; and
- Persons related by marriage or formerly related by marriage.
Can Sexual Offenses Be Considered Domestic Violence?
Domestic violence involves physical or emotional injury to a family member, household member, or a person that you cohabitated with at some point. The type of act can vary, but sexual offenses are considered to be domestic violence if the requirements under the domestic assault law are satisfied.
Domestic violence can take many forms:
Sexual Abuse
Non-consensual sexual conduct results when the perpetrator forces or threatens the victim to comply. Under Tennessee law, you will be charged with sexual assault.
Sexual assault offenses may include rape, aggravated rape, sexual battery, aggravated sexual battery, statutory rape, and aggravated statutory rape.
Sexual Harassment
Sexual harassment is defined as repeated conduct that causes a person emotional distress. The contact may be made through threatening emails, phone calls, or text messages.
When the conduct would make a reasonable person feel terrorized, frightened, or threatened, then the instigator will be charged with stalking.
Defenses to Domestic Violence Charges
If you have been accused of domestic violence, a Nashville domestic violence lawyer may use any of the following defenses:
Insufficient Evidence
The prosecution has the burden of proving that you committed a crime. This must be shown beyond a reasonable doubt. Once the prosecution presents the case-in-chief (presenting evidence to support their claim), your defense attorney may file a motion for a directed verdict if they believe there is insufficient evidence for a conviction. A directed verdict requests that the court make a ruling based on the state not meeting its burden.
Illegal Search and Seizure
Police officers cannot violate your Fourth Amendment rights. In many domestic violence cases, police officers may not obtain a warrant or have probable cause before entering your home. If your rights are violated, then evidence obtained as a result of the illegal search must be discarded.
Self-Defense
This is an affirmative defense, stating that you committed the crime but that you had to use force to defend yourself from imminent harm. However, the force must be deemed reasonable, meaning that if someone is about to punch you, shooting the individual is not viewed as a proportionate response.
Speak with a Nashville Domestic Violence Defense Lawyer Today
A domestic violence charge may be baseless, but the state will use all possible resources to conduct an investigation into the matter. If you have been charged with domestic violence, there is no time to waste. Our Nashville domestic violence lawyers are ready to offer aggressive representation on your behalf. Contact us today online or by phone to schedule your complimentary consultation.