Legal Question in Family Law in Alabama

Re: Minor and Adult Relations

The age of sexual consent in Alabama is sixteen in most situations. Under Alabama law, an 18 year old who has sex with a 15 year old is committing the crime of rape in the second degree, which is a B Felony - meaning a possible prison sentence of up to twenty years for each offense. Conviction for this crime would also brand him as a sex offender for the rest of his life, subjecting him to community notification wherever he lives. The girl is not legally capable of consenting to having sex until she reaches the age of 16. If he does anything with her before then, he risks prison as well as risks being branded a rapist for the rest of his life.

The law defines this crime as follows:

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.