Question:

I KNOW OF A 16 YEAR OLD MALE HAVEING SEX WITH A 36 FEMALE. HOW CAN THAT BE APPROVED BY THE LAW. WHAT RECOURSE DOES A PARENT HAVE IF CONSENT IS FROM BOTH SIDES.

Answer:

The age a person can no longer be a victim of statutory rape is 16; however, there are plenty of other laws that may apply in this situation. The age of majority is 19 for a single person in Alabama. This means that a 16 year old is a "minor" under the law and remains under the legal authority, care and control of the parents until the age of 19.

There are potentially a few different ways you can approach this.

Go directly to the police

Get the facts at a local level. Go directly to a police station locall and ask to speak to someone about sexual offense crimes; or, call local police on a non-emergency line and request that an officer come take a report at your home. If the situation is urgent, dial 911.

A parent has rights and obligations to maintain the custody, welfare and control of a minor child. The 36 year old may NOT legally interfere with the rights or parental control of the 16 year olds parents. There may be other violations occuring; if the adult influences the 16 year old into situations where there is use of alcohol, tobacco, drugs, skipping school, or anything that would be considered "contributing to the delinquency of the minor" these are all violations that the 36 year old may be subject to charges.

Contact the Court Clerk about a restraining order

Another approach would be to contact the county court clerk and inquire about your parental rights to file a restraining order (or an "Order of Protection"). The criteria and procedures for this process vary from city to city so I don't have much detail on this. Some states/cities require that an attorney file the papers and some allow a citizen to petition the court directly. A restraining order would essentially make it illegal for the 36 year old to be within a specified distance of the 16 year old at any time and would restrict all communication. If the order is violated, it is generally an automatic arrest and appearance before a judge. Again, this process varies from city to city.

Contact the District Attorney Directly

Alabama District Attorney's by county
Go straight to the District Attorney in your area. The District Attorney is your States prosecutor (not a private attorney.) This is the person who prosecutes criminal cases. There is no charge to speak to the district attorney.

Contact a Private Attorney

Often, a firmly toned well crafted letter to the adult subject from a local attorney will stop situations like this. There is generally a fee associated with this service but it can be small and well worth it.

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Depending on the actual details of your situation, the 36 year old may be in violation of the law below. Please discuss this with an attorney or law enforcement.

Section 13A-6-45
Interference with custody.

(a) A person commits the crime of interference with custody if he knowingly takes or entices:

(1) Any child under the age of 18 from the lawful custody of its parent, guardian or other lawful custodian, or

(2) Any committed person from the lawful custody of its parent, guardian or other lawful custodian. "Committed person" means, in addition to anyone committed under judicial warrant, any neglected, dependent or delinquent child, mentally defective or insane person or any other incompetent person entrusted to another's custody by authority of law.

(b) A person does not commit a crime under this section if the actor's sole purpose is to assume lawful control of the child.

The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.

(c) Interference with custody is a Class C felony.

(Acts 1977, No. 607, p. 812, §2215; Acts 1983, No. 83-571, p. 877.)

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