Full question:
My girlfriend and I are residents of Alabama and are planning to get married. I am 18 years old and she is 15. Her mother is fine with the whole idea of marriage and knows that I can take care of her. Her dad on the other is a piece of work. He has threatened to sue me on the ground of statutory rape if we get married. Can I be charged with statutory rape?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: Alabama
Answer:
In Alabama, statutory rape laws state that minors cannot give informed consent to sexual activities. It is illegal for an adult (18 years or older) to engage in sexual intercourse with a minor (under 16), even if consensual. According to Code of Ala. § 13A-6-70, a person is incapable of consent if they are less than 16 years old.
Statutory rape is defined under Code of Ala. § 13A-6-62 as a crime committed when an adult engages in sexual intercourse with a minor who is at least 12 years old but under 16, provided the adult is at least two years older than the minor. This is classified as a Class B felony.
However, Alabama law provides a marital exemption for statutory rape. This means that if you marry your girlfriend, consensual sexual relations between you would not be prosecuted, even if her age would typically prohibit it. Therefore, if you marry her, her father would not be able to pursue statutory rape charges against you.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.