I slept with my teacher for an increase in grades but he will not let me stop.
Full Question:
I am a high school student in Alabama. I have been an average student in school but am looking forward to getting my high school diploma. I slept with my teacher for an increase in grades and ever since we have been at it. I want to stop but he gets his way by threatening me at the end of the day. I have two months left to turn 16. What do I do in this situation?
12/08/2016 |
Category: Criminal ยป Statutory Rape |
State: Alabama |
#27727
Answer:
“(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60(3), with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student is a Class C felony.
(b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student to engage in a sex act including, but not limited to, sexual intercourse, as defined by Section 13A-6-30(1), deviate sexual intercourse, as defined by Section 13A-6-30(2), or sexual contact, as defined by Section 13A-6-30(3). The crime of soliciting a student to perform a sex act is a Class A misdemeanor.”
In the above-given instance, the teacher is liable to be prosecuted per Code of Ala. § 13A-6-82 and punished with imprisonment for a term of up to 10 years and a fine of up to $15,000.
Also, because the minor hasn’t attained the age of 16, which is the prescribed age for consent per Code of Ala. § 13A-6-70, he could also be prosecuted for statutory rape per
Code of Ala. Code of Ala. § 13A-6-61 or § 13A-6-62.
Code of Ala. Code of Ala. § 13A-6-61 reads:
“(a) A person commits the crime of rape in the first degree if:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.”
Code of Ala. Code of Ala. § 13A-6-62 reads:
“(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.”
Depending upon the provision he is prosecuted under, he may be punished with:
1. imprisonment for a term of up to 99 years and a fine of up to $60,000, if he is prosecuted per Code of Ala. Code of Ala. § 13A-6-61.
2. imprisonment for a term of up to 10 years and a fine of up to $15,000, if he is prosecuted per Code of Ala. Code of Ala. § 13A-6-62.