Dating age laws in alabama
Their incapacity is written into the statute—hence the term, “statutory” rape.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.However, this age of consent varies widely from state to state.Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.Alabama has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s spouse, even though their ages would prohibit it if they were not married.Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15-year-old willingly has sex with Tony, her 23-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Code § 13A-6-61 (2018).) 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 at least two years older than the victim. 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.
Of course, rape that does involve force or an assault is illegal in Alabama and prosecuted as forcible rape. Code § 13A-6-67 (2018).) Penalties may include fine, prison time, or both, with more serious fines and prison terms reserved for crimes involving intercourse with younger victims.
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.
This would allow a sixteen-year-old to lawfully have sex with a fourteen-year-old, but make it criminal for an eighteen-year-old to have sex with that same fourteen-year-old.
In Alabama, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.
In this hypothetical state, two seventeen-year-olds who had consensual sex could both theoretically be convicted of statutory rape.