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We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targetedanalyze site traffic, and understand where our audiences come from. To learn more or opt-out, read our Cookie Policy. A scandal involving an extramarital affair with a key staffer and an alleged cover-up by law enforcement led Alabama Gov. Robert Bentley to re Monday after briefly being booked into jail. But with Alabama under rock-solid GOP control, the scandal has instead moved forward on a years-long slow burn with rumors of an affair and then evidence of the affair — and of attendant financial improprieties and subsequent abuses of power — coming out over a period of years.

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By Monica SteinerContributing Author. In Alabama, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16even if the sex is consensual. 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.

Statutes governing alabama's age of consent, associated criminal charges, available defenses, and penalties for conviction.

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 ageas opposed to sex between a minor and a much older adult.

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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. Assaults of a sexual nature may also be charged under the state's assault and battery laws and child enticement and abuse laws. Statutory rape is prosecuted under Alabama's criminal sexual contact and penetration laws.

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, when the defendant is at least 16 years old. Second degree rape includes sexual intercourse with a minor who is 12, 13, 14, or 15, when the defendant is at least 16 years old and at least two years older than the victim. Sexual abuse of younger than 12 years old includes sexual touching between a minor younger than 12 years old, and a defendant who is Alabama married hookup 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. Alabama's laws against sodomy oral and anal sex are organized similarly to its laws against rape.

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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 Alabama married hookup register as sex offenders.

InAlabama enacted a law that requires chemical castration for certain defendants who are offered parole. Under the law, anyone convicted of a specified sex offense against someone under the age of 13 must agree to chemical castration as a condition of parole.

An inmate who refuses will not be granted parole. The treatment will continue until a judge deems it not necessary. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. 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.

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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 Alabama married hookup 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.

This is because Alabama has a marital exemption to the state's statutory rape laws. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married. For more information about rape between spouses, see Marital Rape Laws. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

In Alabama, there is a Romeo and Juliet exemption for consensual genital intercourse or sodomy anal or oral sex between a minor who is 12 or older and a defendant who is less than two years older than the younger minor. Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. But as in most states, in Alabama even a reasonable mistake of age is not a defense to statutory rape.

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If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Laws can change over time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

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A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory.

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Call us at 1 Issue: search. Alabama Statutory Rape Laws.

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Statutes governing Alabama's age of consent, associated criminal charges, available defenses, and penalties for conviction. Alabama's Statutory Rape Laws and Potential Penalties Statutory rape is prosecuted under Alabama's criminal sexual contact and penetration laws.

Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney.

The affair and cover-up that just landed alabama's governor in jail, explained

The law is complex and changes regularly. Alabama's Sodomy Laws Alabama's laws against sodomy Alabama married hookup and anal sex are organized similarly to its laws against rape. Sex Offender Registration 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. Chemical Castration InAlabama enacted a law that requires chemical castration for certain defendants who are offered parole.

Defenses to a Statutory Rape Charge Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. Statutory Rape Marital Exception 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.

When Both Parties Are Minors: The "Romeo and Juliet" Exception Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

Alabama's statutory rape laws and potential penalties

Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. See a Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Updated September 3, Talk to a Lawyer Need a lawyer? Start here.

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