In Alabama, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.Those who break the law have committed statutory rape.The library is located on the first floor of the Heflin-Torbert Judicial Building. (Calendar) This is the oldest law library in Alabama, and the second oldest library in the state, dating from 1828 when it was located in the capitol in Tuscaloosa.
In Alabama, there are laws on the books which make all homosexual intercourse, regardless of the age of the partners, illegal.However, the United States Supreme Court held in 2003 that state laws prohibiting consensual, private, homosexual conduct between adults are unconstitutional.In Alabama, the age of consent for sexual intercourse is 16.Generally, a person over the age of 16 can consent to sex with anyone else who is over the age of 16. An individual who is 19 years old or older has sexual contact with someone who is younger than 16 but older than 12 has committed sexual abuse.With this law still on the books, it is not clear what the age of consent for homosexual conduct in Alabama is.
However, it is probable that a state court would default to the age of consent for heterosexual conduct, assuming that the state legislature does not clarify the issue.Of course, rape that does involve force or an assault is illegal in Alabama and prosecuted as forcible rape (see Alabama Sexual Battery Laws).Assaults of a sexual nature may also be charged under the state’s assault and battery laws (to learn more, see Aggravated Assault Laws in Alabama) and child enticement and abuse laws (Child Enticement Laws in Alabama).In both cases, authorities have said the students had surpassed the age of consent, which is 16.But according to a 2010 Alabama law, consent is not a defense.Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.