If a man who is now 23 had sex with a 14 year old when he was 18 what are the possible outcomes and likelihood of jail time?
See, Code of Alabama, 1975, Section 13A-6-62 titled 'Rape in the second degree.' which states: "(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."
The possible outcome includes a prison sentence of up to twenty (20) years and mandatory registration on the Alabama Sex Offender Registration and Notification Act (SORNA) as well as full compliance with all requirements of a convicted sex offender. Your best course of action is to consult a qualified criminal defense attorney for detailed advice and counsel.
Mr. Mahaney is correct. I would add that if the man was 18 at the time of the offense, even though he is 23 now, he is eligible to at least ask the Court for treatment as a Youthful Offender. Best to consult with an experienced defense attorney to discuss this and other options.
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