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AGE of having physical relation

Nashville, TN |
Filed under: Marriage and prenups

In the state of TN , it is ok to get married with a minor who is 17 years old, but is it ok to have sex with the same spouse who is 17. Thank you. Does the husband of the minor who is 30 years old faces criminal charges.
Thank you.

Attorney Answers 1

Posted

Your question is a little confusing but here goes an attempted answer. It is against the law for a person over the age of 18 to have sex with a minor under the age of 18 if there is more than 4 years difference in their ages. So if you are 30 and she is 17 then that is statutory rape. Having said that, if the two are married then sex is not illegal. But the sex must occur after the marriage, not before. The age of consent to marry in Tennessee is 16 but if under 18, both parents must agree to the marriage. Here is a website that summarizes this fairly well. http://www.ageofconsent.com/tennessee.htm

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

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