Future Alabama Law Could Criminalize Inappropriate Adult-Juvenile Relationships
As a Birmingham criminal defense lawyer, I often hear of sex crime cases that can only be successfully defended by a skilled legal professional. Occasionally, laws change to make this job more challenging. Alabama House Bill 661, three years in the making, will likely put more teeth in the laws governing sexual misconduct involving youngsters.
In fact, a rise in sexual felony cases against educators, physicians, camp counselors and other adults who act inappropriately with minors could occur if this legislation becomes law. Under the law being proposed in House Bill 661, adults with authority over juveniles would face much more severe punishment for inappropriate behavior with children 18 years of age or under.
This new legislation would greatly affect the outcome of cases like one in Hudson County. In that case, the relationship between a former Dothan High principal and a 16-year-old student may have resulted in jail time for the adult had stricter laws been in place. Evidence included phone logs, as well as text messages showing the defendant, Andrew Sewell, had told the youngster that he loved her and wanted to marry her. He had also written the girl a number of excuses for absences.
Sewell eventually pleaded guilty to a misdemeanor charge of contributing to the delinquency of a minor. Had the victim been 14 years old, instead of 16, Sewell would have faced second-degree rape charges. If convicted he could have gone to jail, as well as been required to register as a sex offender upon his release.
House Bill 661 would result in serious charges and punishments for offenses such as Sewell’s. It would allow adults with authority over children aged 18 or under to be charged with rape, sodomy or sexual abuse should they engage in sexual activity with those in their care. This would affect teachers, principals, doctors treating young patients, foster parents and any other adult who exercises supervision, oversight, custody or control over a child 18 years of age or younger.
As written, the bill does have some flaws, for which it has received due opposition. For instance, it currently lacks wording dealing with situations where, for example, a 19-year-old assistant manager of a fast-food restaurant could be prosecuted for having a relationship with a 17-year-old employee. Scenarios like this must be addressed before the bill becomes law, so that our already over-burdened court system does not become weighed down further by a glut of nuisance cases.
Another piece of legislation, House Bill 810, provides a more narrowed definition of what constitutes a sex crime involving a minor. The wording in this bill would make it a crime for an employee of a school to engage in sex or have sexual contact with a student of either gender, and regardless of the student’s age.
Law would make inappropriate teacher-student relationships a felony, Dothaneagle.com, April 18, 2009
Sex with Students, cbs42.com, April 20, 2009
If a minor over 16 years of age consents to having sexual relations with somebody, why can't that be their own decision? Alabama has too many other issues to deal with other than making it illegal for somebody to make their own decisions about their own sexuality.
In case you have forgotten...
The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions, it is usurpation and oppression.
- Alabama Constitution
How many tax dollars have we wasted with this bill? How many more are we going to spend trying to enforce this bill? Do you think it will actually work? Look at the Drug War for instance...its a waste of money that has yielded no positive results.
People are capable of making their own decisions. If somebody doesn't want to engage in sexual relations, but they are forced to, that's a different story and the perpetrator should be dealt with in the most severe way possible. But when it comes to choosing what somebody wants to do with their own body, please, leave that decision to the decider, not the State.
Glady posted,
Jim
Birmingham, AL
The guy that I want to date is 19 years old. I am 17. So, if we were to date, would it be illegal although Alabama's age of consent is 16? I've heard rumors that if a person under 18 is caught even riding with a person 18 or over that the person that is 18 or over could go to jail...is this true? All I am looking for here is a assurance that if I date this particular person, he will NOT be thrown in jail because of a 2 year age difference. Please let me know the truth about this situation as soon as possible. Thank-you
Dee, thanks for your question. You and your potential boyfriend are fine. The age of consent in Alabama is 16, as you correctly state in your comment. As a result, the two year age difference you write about does not apply. The two year age difference would apply only if you were under 16. For instance, if your boyfriend was 17 and you were 15 and at least two years actually seperated you in birth, then he could face rape in the second degree charges if you engaged in sex. Please check out Alabama Code Section: Section 13A-6-62
Rape in the second degree.
(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.
If, as in our example above, the age difference was two years and you were under 16 and engaged in oral or anal sex he could face sodomy in the second degree charges. In our examples, both charges are considered strict liability crimes, meaning that your consent is not important--this crime used to be called statutory rape. Both crimes listed above are class B felonies, which can impose a sentence of 2 to 20 years in prison for each count. You can also be charged with each instance of a sexaul act.
However, you need not worry about any of this as long as you are over 16 years of age. Also, even if you were under 16, simply riding in the car with someone two years older will not subject them to a criminal charge. Some kind of anal or oral sex, or some kind of sexual contact is required to subject someone to criminal liability.