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Alabama Laws on Rape

Rape in the first degree is defined as engaging in sexual intercourse by forcible compulsion or engaging in sexual intercourse with a victim who is incapable of consent because of being incapacitated or if a 16+ individual, engages in sexual intercourse with a victim who is less than 12 years old.

Rape in the first degree is a Class A felony, which is punishable by both imprisonment and the imposition of a fine, in the following manner:

  • Life in prison, a maximum of 99 years, or a minimum of 10 years.

  • If a lethal weapon is used, the penalty must be at least 20 years.

  • If a person is found guilty of first-degree rape while they were 21 years old or older and the victim was 6 years old or younger at the time the crime was committed, they would receive a life sentence without the chance of parole.

  • If a parent has been found guilty of first-degree rape, the juvenile court must determine that the parent is unable to provide for a kid's needs and fulfill his or her obligations to and for a child, and it must terminate the parent's parental rights.

Rape in the second degree occurs if an offender who is 16 or older and at least 2 years older than the victim has sex with a victim who is 12 or older but under 16 years old, that person has committed rape in the second degree.

Second-degree rape is a Class B crime that carries both a jail sentence and a financial penalty. Some consequences are:

  • The maximum sentence for an offender is 20 years, and the minimum sentence is two years.

  • The minimum punishment is 10 years, nevertheless, if a firearm or other lethal weapon was used or intended to be used in the commission of the crime.

  • The minimum punishment is also 10 years when the crime involves a "sex offense involving a kid."

  • A fine that cannot exceed $30,000 must also be determined by a judge for an offender.

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