EAST RIDGE, Tennessee (WDEF) – A teen has been charged after a couple was found engaged in sexual activity at school.
A faculty member had discovered the couple this morning and reported it to the School Resource Officer.
He found the female is under age, but the male is 19.
So Tegra M. Mutubwa faces two counts of statutory rape.
The second count involves another encounter discovered during the investigation.
According to Tennessee Code Title 39 there are 3 categories of the crime… mitigated, statutory and aggravated.
The statutory rape charge applied here reads..
(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
(1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim;
Mitigated statutory rape involves a victim who is 15-17 with a defendant is at least 4-5 years older.
Aggravated statutory rape involves a victim who is 13-17 and the defendant is 10 years or more older.
The lesser two charges (mitigated statutory and statutory rape) are both Class E felonies.
Aggravated statutory rape is a Class D felony.
Of course, all “statutory” rape cases involve consensual sex. Under the law, there are no “statutory” provisions for Children 12 or under and there are no “consent” protection for offenders.