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Vanderbilt rape trial: Complete list of charges

Tony Gonzalez
tgonzalez@tennessean.com
Brandon Vandenburg arrives with his attorney Tuesday morning for the final day of  the Vanderbilt rape trial. The jury deliberated Tuesday afternoon and convicted the former Vandy football player on nine charges.

Editor's note: There are graphic details in this story because of the nature of the charges against the defendants.

Nashville jurors convicted on 16 felony charges against two former Vanderbilt University football players who police say were involved in the rape of an unconscious female student in a dorm on June 23, 2013.

After 10 days of testimony, attorneys gave closing arguments this week.

Corey Batey waits after the jury leaves the room to deliberate during the Vanderbilt rape trial on Tuesday. Batey was convicted on seven charges.

Cory Batey, 21, of Nashville faced seven counts. Brandon Vandenburg, 21, of Indio, Calif., faced those same seven charges, plus two more.

The men were tried together. Authorities outlined a case in which Batey committed several acts of rape and that Vandenburg bears "criminal responsibility" for aiding him and two other co-defendants, Jaborian McKenzie and Brandon Banks, both age 20, who await separate trials.

The charges are as follows:

Cory Batey was found guilty of:

Count 1: aggravated rape, anal penetration with fingers

Count 2: aggravated rape, vaginal penetration with fingers

Count 3: aggravated rape, mouth penetration with penis

Count 4: attempted aggravated rape, vaginal penetration with penis

Count 5: aggravated rape, criminal responsibility for anal penetration with water bottle by Brandon Banks

Count 6: aggravated sexual battery, contact with private areas

Count 7: aggravated sexual battery, slapping of buttocks

Brandon Vandenburg was found guilty of:

Count 1: aggravated rape, criminal responsibility for Batey's anal penetration with fingers

Count 2: aggravated rape, criminal responsibility for Batey's vaginal penetration with fingers

Count 3: aggravated rape, criminal responsibility for Batey's mouth penetration with penis

Count 4: attempted aggravated rape, criminal responsibility for Batey's vaginal penetration with penis

Count 5: aggravated rape, criminal responsibility for anal penetration with water bottle by Brandon Banks

Count 6: aggravated sexual battery, criminal responsibility for contact with private areas

Count 7: aggravated sexual battery, slapping of buttocks

Count 8: tampering with evidence by destruction of condoms after rape

Count 9: unlawful photography, by sending images to others

Sentencing overview

Sentencing will be addressed at a hearing on March 6. Batey and Vandenburg were taken to prison Tuesday.

Aggravated rape is a class A felony carrying a penalty of 15 to 60 years.

Aggravated sexual battery is a class B felony penalized by eight to 30 years.

Unlawful photography is a class E felony with a possible prison term of one to six years.

Tampering with evidence is a class C offense that carries a penalty of three to 15 years.

Neither defendant has a felony conviction history, which could factor into sentencing. Findings of guilt on aggravated charges carry mandatory minimum sentences.

Relatively few sex crimes end up at trial in Davidson County, according to statistics from the Tennessee Administrative Office of the Courts. In the 2011-12 fiscal year, only 11 such cases went to trial, resulting in nine acquittals and two guilty verdicts. An additional 128 cases were resolved before trial with plea deals.

Across the state in 2013, aggravated sexual battery convictions led to prison sentences of an average of just more than 11 years.

Aggravated rape and aggravated sexual battery are "100 percent" crimes, meaning anyone sentenced to the 25-year maximum would serve that time in full.