So I was looking into what the legal age of things are for Alabama since that is where I currently reside, and I saw that the legal age of consent is 16, but it's not as simple as that. I was reading and it said "Alabama statutory rape law is violated when an individual over age 18 (or 16 or older if the victim is at least 2 years younger than the offender) engages in sexual intercourse with a person over the age of 12 and under age 16." and I found the restrictions to it to be very confusing.
Does that statement mean that, in an example, a person who is 24 can have sexual intercourse with someone who is 17?
What are all the combinations that can happen to be legal, and the ones that can't?
In Alabama, under the current Alabama Criminal Code, persons age 16 years or older are statutorily deemed capable of consent to sexual contact. Code of Alabama, 1975, 13-A-6-70 (c )(1). In Parks v. State, 565 So. 2d 1265 (Ala. Crim. App. 1990), the Court interpreted the language of the statute, declaring that “a female 16 years of age is technically not a “child,” but is one capable of consenting to sexual intercourse.”
By act of the 1915 legislature, the age of consent was statutorily established to be 16 years of age. See, as example, Title 14, section 399, Alabama Code 1940 establishing the elements of “unlawful carnal knowledge” and the age of consent. Prior to the act of 1915, the age of consent was 14 years of age. Therefore, under current Alabama law, any person who is 16 years of age, male or female, may engage in voluntary sexual activity, provided such act is undertaken without coercion or duress and the actor is not incapacitated or mentally defective.
There is no validity to your claim that "Alabama statutory rape law is violated when an individual over 18 ..." That is a misrepresentation of the elements of the crime of Rape, Second degree [Code section 13A-6-62] which state: " (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...." [remainder of section omitted.]
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