Dating age laws in alabama online dating and mail
Under the law, anyone convicted of a specified sex offense against someone under the age of 13 must agree to chemical castration as a condition of parole. The treatment will continue until a judge deems it not necessary.
( Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” But under Alabama law, some other defenses may apply to statutory rape charges.
They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.
But as in most states, in Alabama even a reasonable mistake of age is a defense to statutory rape.
This would allow a sixteen-year-old to lawfully have sex with a fourteen-year-old, but make it criminal for an eighteen-year-old to have sex with that same fourteen-year-old.
In Alabama, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.
Alabama has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s spouse, even though their ages would prohibit it if they were not married.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15-year-old willingly has sex with Tony, her 23-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But Alabama law does not permit a defendant charged with sodomy with an underage person to use the Romeo and Juliet defense. Code §§ 13A-6-60, 13A-6-62, 13A-6-65 (2018).) In most states, statutory rape laws are applicable to both heterosexual and and same-sex sexual encounters.However, this age of consent varies widely from state to state.