Rape And Sex Crimes in Alabama

Alabama law criminalizes a variety of sexual offenses, the most severe charges being for rape and sodomy. Charges for rape and sodomy in Alabama are classified based on the degree of the offense. Rape in the first degree and sodomy in the first degree, governed by §13A-6-61 and §13A-6-63 respectively, are both classified as Class A felonies. For a sexual offense to reach the first degree, the act must either occur by forcible compulsion, occur with someone incapacitated and unable to consent, or occur when one party is over the age of 16, and the other party is under the age of 12. As Class A felonies, both charges carry a penalty of 10-99 years’ imprisonment, with prior felony convictions serving as a consideration during sentencing.

Rape in the second degree and sodomy in the second degree are similarly parallel, with the offense requiring the action to occur between one party over the age of 16, and one party between the ages of 12 and 16, with the older party being at least two years older than the younger party. Both offenses are classified as Class B felonies, carrying a penalty of 2-20 years’ imprisonment. However, Alabama courts have recognized several lesser included offenses to rape and sodomy in the first degree, acknowledging sexual abuse, sexual misconduct, and assault in the first degree as alternative charges for offenders. The case of J.S. v. State outlines the necessary elements of both rape and sodomy, with the Court differentiating intercourse, which is required for rape, from other sexual acts, which constitute sodomy.

The lesser included charges of rape and sodomy, sexual misconduct and sexual abuse, are also recognized as crimes under the Alabama Code. Sexual abuse is split into three categories: sexual abuse in the first degree, governed by §13A-6-66, sexual abuse in the second degree, governed by §13A-6-67, and sexual abuse of a child less than 12 years old, governed by §13A-6-69.1. Sexual abuse in the second degree is the least severe of the charges, categorized as a Class C felony, punishable by 1-10 years’ imprisonment. Sexual abuse in the second degree includes any instance of sexual contact where either the person is incapable of consent by reason other than age, or the person is within the ages of 12 and 16 and the perpetrator is over the age of 19. Sexual abuse in the first degree is also a Class C felony, carrying the same punishment limitations.

This charge applies when the sexual contact is by forcible consent, or when the target is incapacitated and cannot consent. Sexual abuse of a child less than 12 years old applies when the sexual contact is initiated by someone over the age of 16 and is classified as a Class B felony, punishable by 2-20 years’ imprisonment. Sexual misconduct, governed by §13A-6-65, is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines. To obtain a conviction for sexual misconduct, the prosecution must show that the offender engaged in sexual intercourse, sodomoy, or sexual contact with another person under circumstances not covered by rape, sodomoy, or sexual abuse statutes. The recent case of Zink v. State addresses the requirements to prove sexual abuse in the first degree, establishing “sexual contact by forcible compulsion” as a necessary element to support a conviction for the offense.

The Alabama Code recognizes several sexual offenses beyond these primary categories. These offenses, sexual torture, indecent exposure, and enticing a child to enter vehicle, house, etc., for immoral purposes, are governed by §13A-6-65.1, §13A-6-68, and §13A-6-69 respectively. Sexual torture is the most severe of these offenses, classified as a Class A felony and carrying a sentence of 10-99 years’ imprisonment. To commit an act of sexual torture, the offender must penetrate a victim with an inanimate object, whether it be by forcible compulsion, incapacitation, or with a child less than 12. The offense also applies to any act of violence against the intimate parts of another person. Enticing a child is also categorized as a felony, although the offense is a Class C felony, carrying penalties of 1-10 years’ imprisonment. The offense includes any act designed to entice a child to enter a space for the purpose of committing a sexual act. Indecent exposure is less severe, and is classified as a Class A misdemeanor, punishable by up to one year in jail and up to one year in jail and up to $6,000 in fines.

This offense applies to any action where the offender exposes his or her genitals where the conduct would cause alarm to any witness. The elements of indecent exposure were addressed in the case of U.S. v. Burnett, where the Court found that lack of consent was a necessary element to the offense, causing the defendant’s conviction to be overturned.

The Alabama Code also criminalizes four “additional sexual offenses.” The first of these offenses is distributing a private image without consent, covered by §13A-6-240. The first violation of this statute is a Class A misdemeanor, carrying penalties of up to one year in jail and up to $6,000 in fines, but for subsequent convictions, the offense can rise to the level of a Class C felony, punishable by 1-10 years’ imprisonment. This offense requires the offender to distribute a private image—an image containing an identifiable person depicted in a sexual context –without consent to the distribution. Article 11 also covers sexual extortion, which is a Class B felony punishable by 2-20 years’ imprisonment. Sexual extortion criminalizes the use of threats to induce participation in a sexual act or production of a private image.

Additionally, assault with bodily fluids is criminalized under §13A-6-242. This offense requires the offender to force another person to come in contact with bodily fluids, where the action is not medically necessary and was not consented to. Generally, assault with bodily fluids is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines, but if the offender knowingly has a communicable disease, the offense is a Class C felony, carrying a sentence of 1-10 years’ imprisonment. The most severe offense covered by Article 11 is directing a child to engage in sexual intercourse or sodomy under §13A-6-243. Enticing a child under the age of 12 to engage in sexual intercourse or sodomy is a Class A felony, punishable by 10-99 years’ imprisonment. If the child is enticed to engage in sexual contact other than intercourse or sodomy, the crime is reduced to a Class B felony, punishable by 2-20 years’ imprisonment.

In Alabama, sexual offenses are treated with a greater level of severity if certain relationships exist between the parties. If a foster parent commits a sexual offense against a foster child, there are three classifications for the act under §13A-6-71. If the offense involves intercourse or sodomy, the act is categorized as a Class B felony, punishable by 2-20 years’ imprisonment. Sexual contact with a foster child is a Class C felony, carrying a sentence of 1-10 years’ imprisonment. The crime of soliciting a sex act or sexual contact with a foster child is the least severe classification, standing as a Class A misdemeanor with penalties of up to one year in jail and up to $6,000 in fines. A similar structure applies for school employees, when the other party to the sex act is a student under 19 years old or a protected person under 22 years old. If the incident involves intercourse or sodomy, the offense is a Class B felony, covered by §13A-6-82 and carries a corresponding sentence of 2-20 years’ imprisonment. For sexual conduct, the classification decreases to a Class C felony, covered by §13A-6-82.1 reducing the sentence to 1-10 years’ imprisonment. For solicitation of a sex act, the crime is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines. These statutes reflect the power imbalance inherent to relationships of a certain nature, and do not have associated lesser included charges as it relates to the relationship between the parties.