Alabama Age of Consent Lawyers

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What is the Age of Consent in Alabama?

In Alabama, the general age of consent for heterosexual intercourse is 16. Generally, a person over the age of 16 can consent to sex with anyone else who is over the age of 16. If a person over the age of 16 has sex with a person under that age, they have committed rape in the second degree. The law is not clear as to what would happen if both partners are between the age of 12 and 16. However, it does say that a person under the age of 14 cannot be prosecuted as an adult.

The law in Alabama does not state that mistake or ignorance as to the person’s true age can operate as a defense.

Having sex with a person under the age of 12 is rape in the first degree, which is a far more severe crime.

Homosexual Age of Consent in Alabama

In Alabama, there are laws on the books which make all homosexual intercourse, regardless of the age of the partners, illegal. However, the United States Supreme Court held in 2003 that state laws prohibiting consensual, private, homosexual conduct between adults are unconstitutional.

With this law still on the books, it is not clear what the age of consent for homosexual conduct in Alaska is. However, it is probable that a state court would default to the age of consent for heterosexual conduct, assuming that the state legislature does not clarify the issue.


 

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Last Modified: 11-30-2009 10:14 AM PST

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