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A 65-year old Wisconsin man has been arrested in Murfreesboro on a very serious charge that may keep him in Rutherford County until his court date in July. Gary Tuschl has been charged with the rape of a child by Murfreesboro Police Detective Tommy Robert’s.
The Department of Children Services contacted Murfreesboro Authorities about the suspect possibly abusing a child in a sexual manner in 2005. The case was investigated and the victim was interviewed at the Child Advocacy Center. It was there that the victim disclosed her story. WGNS will not reveal what the child stated, but we will say, the alleged sexual abuse occurred during the Christmas holiday in ’05.
During an interview with Tuschl in Manitowoc, Wisconsin, the subject confessed to molesting the victim while in Murfreesboro in 2005. The evidence was then presented to a Rutherford County Grand Jury and Tuschl was indicted on one count of Rape of a Child. He was then transported from Wisconsin to Murfreesboro where he is today.
MPD Arrest Report #14-5587
TCA Code: 39-13-522
Rutherford County Sheriff’s Office
CHARGE: T.C.A. 39-13-522. Rape of a child.
(a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of age.
(b) (1) Rape of a child is a Class A felony.
(2) (A) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(B) Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2).
(C) Notwithstanding any law to the contrary, the board of probation and parole may require, as a mandatory condition of supervision for any person convicted under this section, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302.
HISTORY: Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007, ch. 501, § 1; 2011, ch. 306, § 1.