Many First-Time Sex Offenders in Tenn. Do No Jail Time Under Law

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By The Tennessean

Published: 07/30/2003

In Tennessee, because statutory rape and sexual battery are considered less severe than other felony sex crimes, many first-time offenders spend no time behind bars, an outcome that angers victims, their families and prosecutors.
For example, Sumner County teacher and basketball coach Michael Thomas Mooney Jr., 29, was charged two years ago with sexual battery by an authority figure, accused of forcing himself on a 14-year-old girl.
In Tennessee, teachers, coaches, priests and other authority figures are held to a slightly higher standard of the law when it comes to sexual battery. Sexual battery by an authority figure is a Class C felony, while regular sexual battery is a Class E felony.
Mooney pleaded guilty to the lesser charge of sexual battery and was sentenced to two years of probation and to taking a sexual offenders class. He also was required to register with the TBI sex offender's registry.
Under Tennessee sentencing guidelines, people convicted of less severe felonies - including statutory rape and sexual battery - and who have no prior criminal history are considered candidates for probation over jail time.
For prosecutors, the penalties make trying a sex abuse case even more challenging.
On one hand, they have someone accused of committing a horrendous crime; on the other, a child who is often emotionally fragile and who may not be able to handle a trial.
Mooney's victim was so disturbed by the incident that she didn't tell anyone for months what he did to her.
Tennessee has several laws dealing with sex-related crimes. Class A felonies are the most severe and carry a greater sentence. Class E felonies are lesser crimes and require less time behind bars. What the law says:
Rape of a child is the unlawful penetration of a victim by the defendant or the defendant by the victim when the victim is less than age 13. It's a Class A felony and carries the harshest penalty: 15-60 years.
Rape is the unlawful penetration of a victim by the defendant or the defendant by the victim. The act is accomplished by force, fraud or against the victim's will. It's a Class B felony and carries a penalty of eight to 30 years behind bars.
Sexual battery by an authority figure is the unlawful contact with a victim by the defendant or the defendant by the victim. The victim is between 13 and 18 years old and the defendant is at the time of the offense in a position of power or supervision over the child. This law pertains not only to teachers, but also to anyone in a position of authority over a child, including coaches, priests and police. It's a Class C felony and carries a three- to 15-year sentence.
Statutory rape is the sexual penetration of a victim by the defendant when the victim is at least 13 but less than 18 years old and the defendant is at least four years older than the victim. It's a Class E felony and carries a one- to six-year sentence.
Sexual battery is the unlawful sexual contact with a victim by the defendant or the defendant by a victim. Under this offense, there must be force, coercion, fraud or a lack of consent. It's a Class E felony and carries a one- to six-year sentence.
Most cases of sexual abuse of a student by a teacher are never reported. In cases where allegations of sexual abuse have been made:
39% of the teachers resigned, left the district or retired.
11% of the teachers were reprimanded.
15% of the teachers were fired or not rehired.
8% were suspended and then resumed teaching.
7.5% were cases where the superintendent determined that the teacher ''had not meant to'' sexually abuse or harass the student.

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