Legal Question in Family Law in Alabama
Minor and Adult Relations
live in Alabama, and a friend of mine was wanting me to post on this site with a question. He is interested in a 15 year old, while he is 18. Her father does not want them together, but there is a large 8 month bond between them. He wants to know, that if he goes against her father's wishes, can he be punished by the law for such an offense. Please take note that sexual relations have not occured.
1 Answer from Attorneys
Re: Minor and Adult Relations
The age of sexual consent in Alabama is sixteen in most situations. Under Alabama law, an 18 year old who has sex with a 15 year old is committing the crime of rape in the second degree, which is a B Felony - meaning a possible prison sentence of up to twenty years for each offense. Conviction for this crime would also brand him as a sex offender for the rest of his life, subjecting him to community notification wherever he lives. The girl is not legally capable of consenting to having sex until she reaches the age of 16. If he does anything with her before then, he risks prison as well as risks being branded a rapist for the rest of his life.
The law defines this crime as follows:
Section 13A-6-62
Rape in the second degree.
(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.
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