Can I be charged with statutory rape if I get married to my 15 year old girlfriend?
Full Question:
My girlfriend and I are residents of Alabama and are planning to get married. I am 18 years old and she is 15. Her mother is fine with the whole idea of marriage and knows that I can take care of her. Her dad on the other is a piece of work. He has threatened to sue me on the ground of statutory rape if we get married. Can I be charged with statutory rape?
12/08/2016 |
Category: Criminal ยป Statutory Rape |
State: Alabama |
#27725
Answer:
“***
(c) A person is deemed incapable of consent if he is:
(1) Less than 16 years old; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless.”
Also, statutory rape is defined in Code of Ala. § 13A-6-62 which reads:
(c) A person is deemed incapable of consent if he is:
(1) Less than 16 years old; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless.”
“(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.”
(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.”
However, there are exceptions to the above-given statute. One of them is marriage. Alabama has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s spouse, even though their ages would prohibit it if they were not married. This exception is applicable in this case. Therefore, the father of the girl would not be able to prosecute the boyfriend if the sexual relationship occurs subsequent to the marriage.