Dating age laws in alabama propose dating online
In this hypothetical state, two seventeen-year-olds who had consensual sex could both theoretically be convicted of statutory rape.Other states imply a different method which, like the federal statute, takes into account the relative ages of both people.However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.(For more information about rape between spouses, see Marital Rape Laws.) Named after Shakespeare’s young lovers, “Romeo and Juliet” exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.Their incapacity is written into the statute—hence the term, “statutory” rape.The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.For example, a person charged with genital intercourse with a minor of the opposite sex may be acquitted under the state's Romeo and Juliet defense.But Alabama law does not permit a defendant charged with sodomy with an underage person to use the Romeo and Juliet defense. Code §§ 13A-6-60, 13A-6-62, 13A-6-65 (2018).) In most states, statutory rape laws are applicable to both heterosexual and and same-sex sexual encounters.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15-year-old willingly has sex with Tony, her 23-year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.But if Jen and Tony are and living in Alabama, Tony need not fear criminal charges for having consensual sex with Jen.This is because Alabama has a marital exemption to the state’s statutory rape laws.However, this age of consent varies widely from state to state.Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.
Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.