Legal questions about statutary rape in Alabama.?
I am a 14 year old girl and the guy I like is about to turn 18.
The legal age to consent in Alabama is 16.
So my questions are in the law what is defined as sexual relations? Like does kissing count or is it just straight up sex?
Secondly, If we haven't had any sexual relations can he still be arrested for us just dating?
Third, Can you explain more about this consent thing to me? Say a 16 year old girl and a 29 year old man were going out and not having sexual relations could he still be arrested?
Thank you (:
- 6 years agoFavorite Answer
If you're dating without any form of sexual contact taking place then you should be okay, although I would be extra cautious and be careful if someone ends up trying to falsely accuse the guy you like of rape and having sex with you underage. In some states, there are close-age exceptions where someone one to two years under the age of consent can have sexual contact and intercourse with someone so long as the older person is no older than three or four years older (e.g. four in Maryland with the younger person being no younger than 14). Unfortunately for you and the guy you like, although Alabama has its age of consent at 16 along with 30 of the 49 other states plus D.C., Alabama is not one of those states with the close-age exception, so anyone can be arrested and charged with having sex with someone who is under 16. In your case, if you two had sex before you were 16 and were caught in Alabama, the guy you like could be charged with statutory rape/sexual abuse (in the second degree), which in Alabama is a class A misdemeanor. Alabama's code of law for section 13A-6-70 sub-section c point one states: "A person is deemed incapable of consent if he/she is less than 16 years old." In just about every state, kissing is classified as a form of sexual contact so I would advise you two to avoid that if you ever got that far. As to your third question, in Alabama, the 29-year-old would not be arrested since the age of consent is 16 and the girl has reach that age of consent, unless if the 29-year-old man is in a position of power and authority, such as a school principal or teacher. In this case, people of authority in Alabama are not allowed to have sex with someone younger than 19. Consent involves two people who are at least the minimum age of consent who explicitly agree to have sexual contact and/or intercourse with each other. If person A tries to have sex with person B and person B says no, doesn't say yes or no, is drunk or high and incapable of giving consent due to intoxication, or if B initially agrees then says no and to stop but person A refuses, then that counts as sexual assault and/or rape, depending if vaginal and/or anal penetration occurred (which would make it rape). Sorry it's not the answer you were hoping for but the law is the law. Good luck and do your best to wait it out
- Nuff SedLv 76 years ago
The concept of "statutory rape" is based upon the premise that a youngster is not legally capable of making a rational decision about having sex, and therefore the legal ability to "consent" is deferred until a statutory age (e.g., 16). Because having sex with a person who did not "consent" is rape, the fact that a person under the age of consent had sex with someone older makes it "rape".
I haven't looked up the Alabama sex crimes, but they have to be quite specific on how they define things, what's not allowed and what exceptions there might be. Some states, for example, include statutes defining "lewd conduct with a minor" that includes TALKING about sex or just "showing" sexually oriented things (photos of others, his actual junk, etc), let alone any sexual touching.
Statutory rape, on the other hand, generally requires proof of some object being placed in some orifice of the other person, without legal consent.
- ToddLv 76 years ago
Alabama is strict. A rape charge happens if there is sexual activity (genital, anus, or breast contact).
Kissing, holding hands isn't illegal but is very creepy. It's bad because it opens up too many windows for things like negligence.