CPD: Teen rape suspect says sex was consensual with 69 year old - WRCBtv.com | Chattanooga News, Weather & Sports

CPD: Teen rape suspect says sex was consensual with 69 year old retiree

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A CPD detective testifies Thursday in 69-year-old jogger allegedly raped by a teen. WRCBtv.com photo A CPD detective testifies Thursday in 69-year-old jogger allegedly raped by a teen. WRCBtv.com photo
CHATTANOOGA, TN (WRCB) -

We should know the legal status of the 17 year old Red Bank High School student charged with aggravated rape of Chattanooga senior citizen next month.

Thursday, Hamilton County Juvenile Court Judge Robert Philyaw ordered a psychological exam for the accused, after determining the victim's testimony as credible in the September 29th sexual assault of a 69-year-old jogger in North Chattanooga.

"Probable cause is not a hard standard to meet, I'm by no means surprised what the judge did today," said attorney Jason Fisher, who represents the teen.

READ MORE | Rape suspect in court

Thursday's hearing began with the hour long testimony from the accuser, a retired U.S. Marine, who says the defendant initially approached him and offered to perform a sex act.

When the jogging senior said no, he says the teen followed him some 300 yards, asking why he wouldn't accept his sexual overture.

The accuser says the teen then punched him, knocked him down and sexually assaulted him.

During cross examination from the defense, Fisher asked the purported victim if he was really the aggressor in the encounter.

An assertion the jogger denied.

"What you all heard today was a case where an event occurred where two people claim to be the victim and only one can be telling the truth, and that's what the courts will decide," said Fisher, who says he instructed his client's mother not to discuss her son's case with the media.

A CPD detective also testified as to how they focused on the teen as the prime suspect, and relayed part of the 17-year-old's behavior log at Red Bank High School included an incident of peeping in the men's restroom, and also noted on the day of attack, the teen was late to school.

Judge Philyaw says he hopes to render a decision on the state's motion to try the teen as an adult, citing the nature of the attack .

"The second phase has to do with rehabilitative efforts, the availability of treatment, the past history of the defendant," said Fisher, who says his client was molested years ago at Chattanooga's Boone-Hysiner housing projects.

If tried as an adult and convicted on the aggravated rape charge, the teen could face as many as 60 years in prison.

Judge Philyaw reset the case for Thursday, December 19th.

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