Consent

The State of Tennessee does not have a definition of consent. The University defines consent in its Interim Sexual Harassment & Sexual/Gender-Based Misconduct Policy as:

“[A]n informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon activity. Consent cannot be given by an individual who is asleep; unconscious; or incapacitated, either through the effect of drugs/alcohol or for any other reason; or is under duress, threat, coercion or force. Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time.”

Dating Violence

TCA does not define dating violence. A person in a dating relationship would fall under domestic assault as defined in TCA § 39-13-111.

Domestic Violence

TCA does not define domestic violence. However, TCA § 39-13-111 defines Domestic Assault and Domestic Abuse Victim as follows:

Domestic Abuse Victim

Any person who falls within the following categories:

1. Adults or minors who are current or former spouses;

2. Adults or minors who live together or who have lived together;

3. Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;

4. Adults or minors related by blood or adoption;

5. Adults or minors who are related or were formerly related by marriage; or

6. Adult or minor children of a person in a relationship that is described in 1-5 above.

7. A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.

Assault (TCA 39-13-101)

A person commits assault who:

1. Intentionally, knowingly or recklessly causes bodily injury to another;

2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Sexual Assault

TCA does not specifically define sexual assault, but defines several crimes under Sexual Offenses including:

Rape (TCA § 39-13-503)

Unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:

1. Force or coercion is used to accomplish the act;

2. The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;

3. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

4. The sexual penetration is accomplished by fraud.

Sexual Battery (TCA § 39-13-505)

Unlawful : unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

1. Force or coercion is used to accomplish the act;

2. The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;

3. The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or

4. The sexual contact is accomplished by fraud.

5. As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.

Statutory Rape (TCA § 39-13-506)

Unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:

1. The victim is at least 13 but less than 15 years of age and the defendant is at least four years but less than 10 years older than the victim; or

2. The victim is at least 15 but less than 18 years of age and the defendant is more than five but less than 10 years older than the victim.

Incest (TCA § 39-15-302)

A person who engages in sexual penetration as defined in TCA § 39-13-501, with a person, knowing the person to be, without regard to legitimacy:

1. The person’s natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or

2. The person’s brother or sister of the whole or half-blood or by adoption.

-TCA defines several other sexual offenses, which can be found in TCA code sections 39-13-501 through 39-13-511.

Stalking

1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

a. Fear for the person’s safety or the safety of others; or

b. Suffer substantial emotional distress.

2. For the purposes of this definition –

a. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly or through third parties, by any action, method, device or means follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.

b. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

c. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.