Age of Consent Questions for Alabama

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Alabama. Ask your Question

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Physician obligation to report

:: October 16, 2008 10:19

If a 15 year old patient comes in for treatment of a sexually transmitted disease and it is revealed that the partner is more than 2 years older, is the health care provider obligated to report this? Are there penalties for not reporting? Does the patient's right to confidentiality preclude telling the parent about the sexually transmitted disease?

In Alabama, a person under the age of 16 is legally incapable of giving consent for sexual intercourse or sexual contact. Depending on the circumstance and age of the initiating person, it could be classified as a felony or misdemeanor criminal offense.

Professionals Required to Report Citation: Ala. Code § 26-14-3

The following persons are required to report:
  • Doctors, medical examiners, dentists, nurses, or pharmacists
  • School teachers or officials
  • Law enforcement officials
  • Daycare workers or social workers
  • Members of the clergy
Any other person called upon to render aid or medical assistance to a child

Reporting by Other Persons Citation: Ala. Code § 26-14-4

Any other person who has reasonable cause to suspect that a child is being abused or neglected may report.

Standards for Making a Report Citation: Ala. Code § 26-14-3

A report must be made when the child is known or suspected of being a victim of abuse or neglect.

Privileged Communications Citation: Ala. Code §§ 26-14-3; 26-14-10

Only the clergy-penitent and attorney-client privileges are permitted. Inclusion of Reporter's Name in Report Not addressed in statutes reviewed.

Disclosure of Reporter Identity Citation: Ala. Code § 26-14-8

The department will not release the identity of the reporter except under court order when the court has determined that the reporter knowingly made a false report.

One such law that describes the crime is below. There are others.

Section 13A-6-67 Sexual abuse in the second degree.

(a) A person commits the crime of sexual abuse in the second degree if: (1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or (2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old. (b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony. (Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1.)

14 yr old has sex with 9 year old

:: March 26, 2008 20:33

what can be done about this. a 9 year old little girl doesn't know what she is doing.. and didn't say yes or no she states she was scared he would hurt her if she said no... what exactly can be done?

The 9 year old needs to be taken to a hospital for an examination ASAP. You need to report this to the police IMMEDIATELY! Both of these children need help and they need an adult to step up and take control of the situation. Please understand that if the 14 year old is not reported and not dealt with, this behavior may repeat itself. He may harm your 9 year old again or harm another child. A 9 year old girl would be extremely vulnerable to coercion by a 14 year old boy and certainly very easy to threaten and overtake. There is no doubt in my mind that she was scared and it is highly doubtful that it was in any way voluntary. IT IS NOT NORMAL for a 14 year old boy to sexually abuse 9 year old girls. He needs help to understand this behavior is wrong and if he does not get help, he may very well hurt another child badly. Please, report this to police IMMEDIATELY!

age for statutory rape in alabama

:: February 17, 2008 22:38

What is the state of Alabama's age for statutory rape?

In the state of Alabama, a person can no longer be a victim of statutory rape upon reaching the age of 16.

CONSENT CONFUSION

:: February 14, 2008 10:49

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.

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.
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.)

sex laws Alabama

:: January 10, 2008 02:12

I think the law is kind of messed up but here's my question. Say a 19 year old male is dating a 16 yr old female; do they have to get parental permission to do so or what? or, just to have intercourse?

In the state of Alabama, a person can no longer be a victim of statutory rape upon reaching the age of 16. In the state of Alabama, the age of majority is 19 for a single person and 18 if married. At 18 years of age, you may marry without parental consent. At the age of 16, a person is a "minor" legally in the authority, care and protection of the parents or legal guardians. The parents are the legally responsible party for everything their minor child does. They are, by law, responsible for the safety, welfare and control of their minor child until the child reaches the age of majority. A parent can, and often will, use legal means necessary to prevent an adult the do not approve of,from pursuing a relationship with their minor child especially when they feel their child is at risk. Parental permission to "Date" or transport a minor is always the best approach and within the law. Obtaining parental permission for a 16 year old to have intercourse would be rare to say the least. Showing respect for the parents legal rights and authority could keep you out of legal hot water.

sex laws

:: October 26, 2007 12:28

is it legal for a seventeen year old to have any kind of sexual activity with a fifteen year old?

In the Alabama laws outlined below, a person under the age of 16 is incapable of giving consent to sexual contact under the law. Essentially, this means, that any person under the age of 16 who gives verbal consent to have sexual contact with another person "legally" is incapable of doing so (under the law) and in a court of law the sexual act may be considered as "Non-consensual".

Section 13A-6-60 Definitions.
The following definitions apply in this article: (1) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. (2) DEVIATE SEXUAL INTERCOURSE. Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another
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.)
Section 13A-6-64 Sodomy in the second degree.
(a) A person commits the crime of sodomy in the second degree if: (1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old. (2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. (b) Sodomy in the second degree is a Class B felony. (Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3.)
Section 13A-6-70 Lack of consent.
(a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, (see below) that the sexual act was committed without consent of the victim. (b) Lack of consent results from: (1) Forcible compulsion; or (2) Incapacity to consent; or (3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old; or (2) Mentally defective; or (3) Mentally incapacitated; or (4) Physically helpless. (Acts 1977, No. 607, p. 812, §2330.)
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.)

Unfit parent

:: July 07, 2007 22:29

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.)

20 year old gets 16 year old pregnant and nothing is done?

:: June 28, 2007 06:32

if there was a sixteen year old girl and her boyfriend was twenty two, if she got pregnant and the parents did not want to press charges,can the boy still get in trouble with the state? even if he is supporting her and everybody else is ok with it?

If the minor was over the age of 16 and became pregnant, there should be no cause for prosecution under the sexual offense laws of Alabama. If the minor was under the age of 16 and became pregnant the boyfriend would be at risk of prosecution under the sexual offense laws of Alabama even if the parents don't press charges. When violation of a state law is apparent, it is the state's prosecutor who determines if charges will be filed.

Section 13A-6-67 Sexual abuse in the second degree.
(a) A person commits the crime of sexual abuse in the second degree if: (1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or (2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old. (b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony. (Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1.)

Age of Consent ?

:: April 14, 2007 22:49

I am still confused on the age of consent being 16 for my state; does this mean that if the 16 yr old agrees to the act and the other party is above the age of eighteen can the older individual still be held for statuatory rape even though consent was given. Another situation which I am almost certain I already know the answer too but need to prove a point on is 15 yr old and 21 yr old; obviously the 21yr old would be breaking the law if there was sexual intercourse and could face being charged with statuatory rape, correct? Thnks.

At 16 years of age, you are legally capable of giving consent to have sexual intercourse. Consentual sex between two people who are 16 years of age or older is NOT a violation of the current Alabama statutory rape laws found in Article 4 Section 13A6-60-69. If you are under the age of 16, you are legally not capable of giving consent making the act illegal. It is important to understand that at the age of 16 you are still a minor under Alabama state law. In otherwords, a parent or legal guardian still has legal control and authority, until such time that the age of majority (18) is reached. At SexLaws.org, we always try to make this point known because adults pursuing sexual relationships with minors, even though they may not be charged with a statutory rape violation, are still at risk for other violations under the law. Parents can, and do, take legal action in order to prevent relationships between adults and minor children.

16 yr. old boy raped my 13 yr old girl on our property

:: October 29, 2006 07:52

what can be legally done to this boy for raping my child

If you have knowledge that a crime has been committed and have not done so already, immediately pick up a telephone, dial 911 and report this crime to the police. The crime must be reported to the police before any criminal legal action can take place. Given that both parties are juvenile minor children, the legal outcome of any case that develops from reporting this crime would take place in a juvenile court setting. Any punishment or sentence imposed on the 16 year old would be determined by a family court judge based on the details of the case. This crime would not fall under any adult criminal laws unless a court ruled that the 16 year old was to be charged as an adult. I strongly advise you seek council from an attorney who specializes in juvenile law. An attorney can advise you if there are any other criminal or civil actions warranted against the 16 year olds parents.

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