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16 yr old and 13 yr old (14 in 3 months)

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McRyder89

Junior Member
Here's my situation:

(Alabama)
I am currently 16 and I'm dating a 13 year old. She will be 14 in less than 3 months. We have talked about it and she has tried to convince me to have sex with her on multiple occasions. My issue with this is the statutory rape laws in my state. I have looked at multiple sites but have seen various ages for consent plus plenty of other complications. Is there anyone who can give me a complete answer on whether or not it would be considered statutory rape? (now or when she turns 14)

p.s. I don't really need people telling me I'm a horrible person, you'd keep your daughter away from me, etc; It was me saying no to begin with...

ThanksWhat is the name of your state?
 


stealth2

Under the Radar Member
Ditto.....

Section 13A-6-70
Lack of consent.

(a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim.

(b) Lack of consent results from:

(1) Forcible compulsion; or

(2) Incapacity to consent; or

(3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(c) A person is deemed incapable of consent if he is:

(1) Less than 16 years old; or


(2) Mentally defective; or

(3) Mentally incapacitated; or

(4) Physically helpless.
(Acts 1977, No. 607, p. 812, §2330.)
 

McRyder89

Junior Member
Thanks

Appreciate it, my next question is:

I've read that in Alabama, there is a loophole that if a person is under the minimum age, as long as the other party is within 2 years difference, it is legal. Is this true, or was the article I read outdated? The reason I'm asking is that she will turn 14 long before I turn 17.

Thanks once again
 

CdwJava

Senior Member
If you have to ask, then the answer is NOOOO!

Not to mention that her parents may just decide to take a shotgun to you.

You are commiting rape in the second degree if you succumb to your desire to have sex with a child ...

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.


Oh, and 2 years = 24 months ... so don't even think of trying the "I'm 16 she's 14" argument.

- Carl
 
S

shutthef*ckup

Guest
wait untill youre 18

my advice? keep your pants zipped untill your both 18, then you can screw all you want.untill then, if you do the wild thang, you can get into serious trouble with the law.
 

McRyder89

Junior Member
Thanks to everybody for your advice; And ndecker, that is quite possibly one of the most ignorant things I have ever heard... Have a nice day! :D
 

CdwJava

Senior Member
And ... let me guess,. you're gonna go do it and take your chances anyway, right?

- Carl
 

CdwJava

Senior Member
stealth2 said:
HAHAHAHAHA Try a few minutes, d00d.
I was NOT going to go there! :eek:

But I was rolling when I read the "few hours" part.

Ah, youth ... too many readings of the Penthouse forum!

- Carl
 

AHA

Senior Member
McRyder89 said:
Probably not...In my personal opinion, a few hours isn't worth a few years! I think I'll just wait.
You do that, let the child enjoy fantasies for a few years before getting massively disappointed.
 
The 2 year law if for those both over the age of 16. Which means a 18yr old and a 17 yr old a few months apart. You are 16 she is about to be 14. Keep your pants zipped or go to jail.
 
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