Legal Question in Criminal Law in Alabama

In Alabama, second-degree rape means the victim was either (a) between the ages of 12 and 16, or (b) "mentally defective". A woman of any age can qualify under option (b). Note that the accused must be both (a) at least 16, and (b) at least two years older than the victim.

More importantly, what matters is how hold the victim really is, not how old she *says* she is. If you genuinely and reasonably believed that the girl was 18, then your belief may constitute a defense. But that means you will bear the burden of proof. In order to prove it you will probably have to testify. That can be risky even if you're innocent.

Bear in mind that her claim to be 18 (which is part of what you will have to prove) is not enough. If you knew or should have known that she was underage, the mere fact that she claimed to be older will not help you.

Note also that, even if the woman was not "mentally defective" and even if you really believed she was 18, you aren't necessarily off the hook. You didn't violate this particular statute, but you may have violated others. For example, if you forced yourself on the woman without her consent, you would be guilty of rape regardless of her age.

The statute under which you have been charged is Section 13A-6-62 of the Alabama Criminal Code, which says:

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony.