Full question:
I am a high school student in Alabama. I have been an average student in school but am looking forward to getting my high school diploma. I slept with my teacher for an increase in grades and ever since we have been at it. I want to stop but he gets his way by threatening me at the end of the day. I have two months left to turn 16. What do I do in this situation?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: Alabama
Answer:
Code of Ala. § 13A-6-82 which defines what constitutes ‘sexual contact with a student’ when the question regarding the sexual relationship between a teacher and a student arises in Alabama. It reads:“(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60(3), with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student is a Class C felony.
(b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student to engage in a sex act including, but not limited to, sexual intercourse, as defined by Section 13A-6-30(1), deviate sexual intercourse, as defined by Section 13A-6-30(2), or sexual contact, as defined by Section 13A-6-30(3). The crime of soliciting a student to perform a sex act is a Class A misdemeanor.”
In the above-given instance, the teacher is liable to be prosecuted per Code of Ala. § 13A-6-82 and punished with imprisonment for a term of up to 10 years and a fine of up to $15,000.
Also, because the minor hasn’t attained the age of 16, which is the prescribed age for consent per Code of Ala. § 13A-6-70, he could also be prosecuted for statutory rape per
Code of Ala. Code of Ala. § 13A-6-61 or § 13A-6-62.
Code of Ala. Code of Ala. § 13A-6-61 reads:
“(a) A person commits the crime of rape in the first degree if:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.”
Code of Ala. Code of Ala. § 13A-6-62 reads:
“(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.”
Depending upon the provision he is prosecuted under, he may be punished with:
1. imprisonment for a term of up to 99 years and a fine of up to $60,000, if he is prosecuted per Code of Ala. Code of Ala. § 13A-6-61.
2. imprisonment for a term of up to 10 years and a fine of up to $15,000, if he is prosecuted per Code of Ala. Code of Ala. § 13A-6-62.
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.
