In Alabama, age of consent is 16. This is the minimum age that a person is considered legally old enough to consent to sexual activity. Obviously, the 13 year old girl is not old enough to consent to sex. It is not clear here whether the male committed statutory rape. It is a strong probability that he did, and this is a sex offense that will follow him as a registered sex offender for the rest of his life. It appears that is a likely possibility if he was at least two years older than the victim. Yes, the 13 year old is a victim under the law. Alabama has a "close in age" exemption if both are below the age of consent. The question here appears to be close, and therefore, the male should retain counsel and speak of this situation to no one other than his own attorney. The consequences are extremely serious.
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Mr. Armstrong is correct. There are potentially serious consequences and he needs an attorney.
Asked and answered - ONCE is sufficient.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
Yes, he can be charged. In this type of case, he would likely be charged as a juvenile. However, even a juvenile sex offender has to register. There are many exceptions to the registration rules. So, the boyfriend needs to hire a lawyer if he is charged. He also needs to remain silent and not speak to anyone. If both families knew that the 13 and 16 year old were dating, the prosecutor's office may just look the other way. The same may be said if they are in the same school. However, it would be best to speak to a lawyer about this situation and explain it to them in detail. I practice in Mobile, Alabama and may be able to give you some answers that you may need.
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