Alabama age of consent is 16
A charge for statutory rape in Alabama is a charge of "Rape in the first or second degree".
The age of consent is the age a person can no longer be a victim of statutory rape. In Alabama, a person is considered underage if they are younger than 16 years old. There are multiple laws in Alabama that could apply to the crime of statutory rape depending on the ages of the parties involved.
Within the laws, the age of 16 is also described as the age at which a person may be held accountable to the criminal sexual offense laws. In otherwords, it may be considered a criminal act for a 16 year old to have sexual contact with a person who has not yet reached the age of 16.
Alabama Statutory Rape Laws
The Alabama statutory rape laws are listed below. For details on all Alabama laws, please visit Alabama State Legislature website Alabama Sexual Offense Laws Title 13A-6-60 through 13A-6-70
- 13A-6-60 Definitions
- 13A-6-61 Rape in the first degree
Upon turning 16 years of age or older, a person may be charged with rape in the first degree if they have sexual intercourse with someone under the age of 12. Maximum sentencing ranges from 10 to 99 years or life in prison.
- 13A-6-62 Rape in the second degree
Upon turning 16 years of age or older, a person may be charged with rape in the second degree if they have sexual intercourse with someone between the ages of 12 and 16 when the actor is at least two years older. Maximum sentencing rages from 2 to 20 years.
Other Sexual offense laws
- 13A-6-63 Sodomy in the first degree
- 13A-6-64 Sodomy in the second degree
- 13A-6-65 Sexual Misconduct
- 13A-6-68 Indecent Exposure
- 13A-12-111 Promoting prostitution in the first degree
- 13A-12-112 Promoting prostitution in the second degree
- 13A-12-131 Promoting prostitution in the third degree
- 13A-13-3 Incest
Alabama Statutory Rape Arrest Statistics
Source: Alabama Criminal Justice Information Center - Report Crime in Alabama 2006
In 2006 there were 592 arrests for statutory rape sex offenses in Alabama. This does NOT included sex acts such as forcible rape, prostitution, or commercilized vice etc.
Of the 592 statutory rape arrests:
- 44 were juveniles under 18 years of age
- 9 were age 18
- 11 were age 19
- 12 were age 20
- 50 were ages 21-24
- 84 were ages 25-29
- 68 were ages 30-34
- 66 were ages 35-39
- 77 were ages 40-44
- 57 were ages 45-49
- 46 were ages 50-54
- 28 were ages 55-59
- 17 were ages 60-64
- 23 were ages 64+
Alabama Statute of Limitations
Alabama Code §§ 15-3-1; 15-3-2; 15-3-5(a)(4)
There is no statute of limitations for any sexual offense against victims under 16 years of age.
Generally, the following statutes of limitations apply:
- For a felony, it is a period within 3 years after commission of the offense
- For a misdemeanor, it is a period within 12 months after commission of the offense
Citation: Ala. Code § 6-2-8(a)
The statute of limitations extends for a minor entitled to file a claim for a period of 3 years, or for the tolling period allowed by law if it is less than 3 years, after the minor reaches 19 years of age. However, the statute of limitations will not extend for longer than 20 years after the claim arises.