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Friday February 10, 2012
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Unfit parent
Alabama
A parent (mother) encourages her 18 yr. old daughter to have sex with a mentally challenged 14 yr. old boy. What can be done to stop this mother from encouraging this child. Both children are immature, but the boy is autistic and has other mental problems. Anyone who has knowledge that a crime has been or is being committed against a child can contact the local police and report it. At 18, the daughter is a legal adult. The mother no longer has legal authority over the daughter. In the state of Alabama if the 18 year old daughter engaged in sexual intercourse with a child less than 16 years of age but older than 12, she is in violation of Alabama state laws: Alabama criminal code 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. (Acts 1977, No. 607, p. 812, §2311; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §2; Act 2000-726, p. 1557, §1.) Alabama criminal code Section 13A-6-65:Sexual misconduct. (a) A person commits the crime of sexual misconduct if: (1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or (2) Being a female, she engages in sexual intercourse with a male without his consent; or (3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision. (b) Sexual misconduct is a Class A misdemeanor. (Acts 1977, No. 607, p. 812, §2318.) |
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