UPDATE | RUTHERFORD COUNTY, TENNESSEE — A Jackson, Tennessee man already listed on the Tennessee Bureau of Investigation Sex Offender Registry is nearing the end of his legal road after another attempt to overturn a Rutherford County child rape conviction was denied.
Benjamin Hartshaw was convicted in 2020 by a Rutherford County jury on ten felony counts, including six counts of rape of a child and four counts of aggravated sexual battery, stemming from the sexual assault of a 12-year-old girl in March 2018. The crimes occurred while Hartshaw was visiting Murfreesboro to celebrate his 57th birthday. The trial was presided over by Rutherford County Criminal Court Judge David Bragg.
After the guilty verdict, Hartshaw remained in Murfreesboro awaiting sentencing, which took place in December 2020. He was then transferred from the Rutherford County Adult Detention Center into the state prison system, where he has remained incarcerated.
In the years since, Hartshaw has pursued multiple appeals from prison. Following Judge Bragg’s retirement, Hartshaw filed a motion for a new trial that was reviewed and denied by Rutherford county Judge James Turner. That motion challenged the jury’s findings that convicted Hartshaw of Class A and Class B felonies.
A subsequent appeal in 2022 was also rejected by the Tennessee Court of Criminal Appeals. In that case, Hartshaw argued the trial court erred in denying a mistrial after a prosecutor referenced his arrest and being “put in jail” during closing arguments. He further claimed the court improperly issued a curative instruction and that cumulative trial error warranted relief. The appellate court disagreed, affirming the trial court’s rulings and finding the evidence against Hartshaw to be strong. The denial was formally released and confirmed by the Clerk of the Appellate Courts in Nashville in October 2022.
Investigators involved in the original case previously emphasized a pattern common in child sexual abuse investigations. In a press release tied to the case, former MPD Special Victims Unit detective Michael Yates stated, “In my experience of working child sexual abuse cases, the vast majority of times the perpetrator is someone close, someone that is trusted.” He added that child predators often maneuver themselves into positions of trust, a dynamic prosecutors argued was present in Hartshaw’s case.
Another appeal followed in later years and carried into 2025 before rolling into the new year. That effort also failed. In the most recent action, Hartshaw appealed a prior denial of post-conviction relief, arguing the post-conviction court erred in finding that he received effective assistance of counsel. According to court records stamped this past Wednesday, January 14, 2026, the Court of Criminal Appeals again affirmed the denial, meaning Hartshaw will not receive a new trial and will remain incarcerated.
Hartshaw’s criminal history predates the Rutherford County case. Prior to the 2018 rape conviction, he was already on the sex offender registry following a 1999 conviction for assault with intent to commit criminal sexual conduct with penetration. He later faced additional legal trouble for failing to report for TBI monitoring and failing to appear in court. His record also includes earlier arrests for assault, possession of cocaine for resale, and receiving and concealing stolen property.
With repeated appeals denied, Hartshaw’s remaining options for relief appear nearly exhausted. According to the Tennessee Department of Correction, his sentence is projected to expire when he is approximately 103 years old. Court records show he is currently housed at the Trousdale Turner Correctional Center, where he is expected to remain for decades to come, effectively spending the rest of his life behind bars.
That effective life sentence stems from Hartshaw’s actions during an out-of-town 57th birthday trip to Murfreesboro, where a 12-year-old child was raped. The crime occurred when family members briefly left the home to go to the grocery store, leaving Hartshaw alone to watch three children, one of whom was the victim.

