50-Year old Murfreesboro man who allegedly raped passed out woman due in court

Dec 17, 2015 at 02:35 pm by bryan


A 50-year old man charged with "Aggravated Rape" will be arraigned in court on Monday (Dec. 21, 2015) in Rutherford County. MPD Detective Tommy Roberts investigated the allegations against Gary Leathers this past July.

When Detective Roberts arrived at St. Thomas Hospital in Murfreesboro to speak with the victim, she was incoherent. It was later learned that she had passed out in a grassy area along Walnut Street in July of this year (2015).

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Two witnesses told police they saw a subject on top of her with his hands inside her shorts. The witnesses quickly called the police when they noticed the mans pants were down, according to a report on file at the MPD. When officers arrived they located Leathers and learned that before they showed up he put his clothing back on and tried to dress the victim as well.

Evidently, the victim was passed out due to a narcotic she ingested prior to the sexual crime taking place. Leathers was interviewed at the police headquarters and the report stated, "Mr. Leathers confirmed that the victim had passed out prior to him having sex with her."

Leathers remains behind bars on the single charge of "Aggravated Rape." Leathers will be arraigned in Circuit Court on Monday, December 21, 2015.

Source:

MPD Arrest Report 15-15014
T.C.A. 39-13-502

Tenn. Code Ann. ยง 39-13-502. Aggravated rape

(a) Aggravated rape is unlawful sexual penetration of 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 and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;

(2) The defendant causes bodily injury to the victim;

(3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or

(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless.

(b) Aggravated rape is a Class A felony.

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