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Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult.

Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Alabama and prosecuted as forcible rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. First degree rape includes sexual intercourse penetration, however slight with a minor younger than 12 years old, and of the opposite sex of the defendant, when the defendant is at least 16 years old.

This offense is a Class A felony.

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Second degree rape includes sexual intercourse with a minor who is 12, 13, 14, or 15, and of the opposite sex of the defendant, when the defendant is at least 16 years old and at least two years older than the victim. This offense is a Class B felony.

Alabama’s Statutory Rape Laws and Potential Penalties

Sexual abuse of a child less than 12 years old includes sexual touching between a minor younger than 12 years old, and a defendant who is at least 16 years old. Second degree sexual abuse includes sexual touching with a minor who is 12, 13, 14, or 15, when the defendant is at least 19 years old. This offense is a Class A misdemeanor. Penalties may include fine, prison time, or both, with more serious fines and prison terms reserved for crimes involving intercourse with younger victims. Generally, the younger the victim and the older the defendant, the more severely the crime can be punished.

For example, a man who has sexual intercourse with a boy could be convicted of sodomy.

State law requires—in addition to the applicable fines and prison time—that people convicted of certain instances of statutory rape must register as sex offenders. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.

But if Jen and Tony are married and living in Alabama, Tony need not fear criminal charges for having consensual sex with Jen.

Alabama Age of Consent Laws | LegalMatch Law Library

However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. For more information about rape between spouses, see Marital Rape Laws.


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In Alabama, there is a Romeo and Juliet exemption for consensual genital intercourse between a minor who is 12 or older and a defendant who is less than two years older than the younger minor and of the opposite sex. However, Alabama's Romeo and Juliet exception does not apply to sodomy anal or oral sex charges.

What Is the Age of Consent in Alabama?

For example, a person charged with genital intercourse with a minor of the opposite sex may be acquitted under the state's Romeo and Juliet defense. You are either in college or working at a job.

What Is The Age Of Consent?

If you really care for this person, let her enjoy where she is. Let her have fun with her high school friends. Let her go to the prom with somebody that her friends know And most importantly of all If she has a kid It's going to be a disaster!

Alabama Statutory Rape Laws

Having said all of that No, it's not against the law for a 20 year old to "DATE" a 16 year old. The definition of 'date' means to go out together to a movie or to dinner or dance. It does not mean having sex Having sex with her is not statutory rape, but it could be viewed as 'interference with custody' if her parents have objected to the two of you seeing one another Not to mention the old shotgun routine.