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  1. #1
    Jim Beam is offline Junior Member
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    Question Alabama Sexual Abuse Law

    What is the name of your state (only U.S. law)? Alabama
    Does anyone have any info on the Alabama law "Sexual Abuse" ?

    A 55 year old man has been incarcerated there for months for touching his 17 year old gay friend while the 17 year old was driving a car. It seems crazy this law, for this "non crime"

    This 17 year old is of "legal age" of consent and it seems is much larger and stronger than this 55 year old. Also, this charge "sexual abuse", was it not created for persons that are under the control of another person. This hardly seems the case here.

    Also, it seems this 55 year old is not fully competent, is rather meek, and is the local church musician, and a “sinning homosexual”. He does not really know how to defend himself. When is talked to sternly by anyone , such as a prosecutor.. he will reply anything, to be liked, such as .. yes, I did turn the moon into green cheese. When threatened, he said to the police “I touched him, but nothing more… “ so now they are saying he is guilty of “sexual abuse”. Apparently the 55 year old was teaching the 17 year old how to drive.

    How does a relative help defend this 55 year old? The relative cannot even get in to the jail to see him. Only this mans 91 year old mother has that right under the "1 relative allowed law" and she is not able to recite the alphabet.

    To complicate matters, the 17 year olds older brother, now dead, was the apparent gay significant other, of this 55 year old. The 55 year old let this, now dead person use him quite a bit. The local police say that the 17 year old, or one other of his clan now burglarized the home of the now locked up 55 year old. So.. the case seems more and more to look like it is not what the accuser (the 17 year old) claimed at all. Yet this Alabama county seems hell bent on getting this meek 55 year old in a long prison sentence.
  2. #2
    Peligroso27 is offline Member
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    Quote Originally Posted by Jim Beam View Post
    What is the name of your state (only U.S. law)? Alabama
    Does anyone have any info on the Alabama law "Sexual Abuse" ?

    A 55 year old man has been incarcerated there for months for touching his 17 year old gay friend while the 17 year old was driving a car. It seems crazy this law, for this "non crime"

    This 17 year old is of "legal age" of consent and it seems is much larger and stronger than this 55 year old. Also, this charge "sexual abuse", was it not created for persons that are under the control of another person. This hardly seems the case here.

    Also, it seems this 55 year old is not fully competent, is rather meek, and is the local church musician, and a “sinning homosexual”. He does not really know how to defend himself. When is talked to sternly by anyone , such as a prosecutor.. he will reply anything, to be liked, such as .. yes, I did turn the moon into green cheese. When threatened, he said to the police “I touched him, but nothing more… “ so now they are saying he is guilty of “sexual abuse”. Apparently the 55 year old was teaching the 17 year old how to drive.

    How does a relative help defend this 55 year old? The relative cannot even get in to the jail to see him. Only this mans 91 year old mother has that right under the "1 relative allowed law" and she is not able to recite the alphabet.

    To complicate matters, the 17 year olds older brother, now dead, was the apparent gay significant other, of this 55 year old. The 55 year old let this, now dead person use him quite a bit. The local police say that the 17 year old, or one other of his clan now burglarized the home of the now locked up 55 year old. So.. the case seems more and more to look like it is not what the accuser (the 17 year old) claimed at all. Yet this Alabama county seems hell bent on getting this meek 55 year old in a long prison sentence.
    Your story is full of bias and opinion, which are not needed at all. What were the actual charges brought against the accused?
  3. #3
    Jim Beam is offline Junior Member
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    There are 5 total charges.

    The most serious is sexual abuse.

    A secondary one is reckless endangerment, apparently an accusation of making sexual advances while driving a car.

    The bail is also an astronomical $150,000 - despite his being indigent (though contributing freely of his time for charitable work and entertainment with his music), and despite the low income level of the area.
  4. #4
    Peligroso27 is offline Member
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    Sexual abuse? 1st degree, 2nd degree? Statute numbers would be immensely helpful. So far found it sounds like he may be subject to the "forcible compulsion" section of sexual abuse laws. (1st degree is a Class C felony, 2nd degree is a Class A misdemeanor) The amount of bail makes me assume he was charged with 1st degree Sexual Abuse rather than the latter.

    "Forcible Compulsion" means:
    physical force that overcomes such earnest resistance as might reasonably be expected under the circumstances
    threat or intimidation express or implied
    placing a person in fear of immediate death or bodily injury to himself or another person or in fear that he or another person will be kidnapped
    fear by a child under sixteen years of age caused by intimidation, expressed or implied by another person four years older than the victim.
    (For purposes of this definition, "resistance" includes physical resistance or any clear communication of the victim's lack of consent.)

    This man has been charged with a serious sex offense and 4 other charges. $150,000 is not an unreasonable amount in this case. Is there an actual legal question or did you just not understand why your friend was charged with sexual abuse.
  5. #5
    Jim Beam is offline Junior Member
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    Thank you Peligroso.

    I have found out that it is actually 7 counts of 1st degree sexual abuse.

    The other charges are misdemeaners.

    If convicted, what sort of sentence can he expect?

    What sort of plea bargain could he expect?

    Again, thank you very much!
  6. #6
    TheGeekess is offline Senior Member
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    Google is your friend. Alabama has their entire legal code online. You can go there and read up on these kinds of things.

    [url=http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm]Code Of Alabama[/url]

    There is a search function, too.
  7. #7
    Peligroso27 is offline Member
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    He will undoubtedly have to register as a sex offender when he gets out of prison. I say when he gets out because seven counts of sexual abuse is a very serious set of charges to face.

    The sentence can range from one year and one day to ten years, OR, if a deadly weapon is used in commission of the crime, then no less than ten years. Parole guidelines are the same as with Class B Felonies. Inmates are automatically eligible to receive IGT on any sentence up to fifteen years, which decreases their actual number of years to serve before reaching their End of Sentence (EOS) date, and also means that they reach the ‘one-third’ of their sentence sooner. EXAMPLE: "John Smith" was sentenced to 12 years on September 1, 1989 for a conviction of Manslaughter. He has served only 3 years, 7 months, and 20 days, but because he has already earned 1 year, 3 months, and 8 days of IGT, he will reach his EOS date on 11-11-94. (He has a parole hearing on 12-9-92.)
    Inmates, technically, can be paroled at any time as long as all three Board members sign for his/her parole. When the inmate has served at least one-third of the sentence, only two signatures are required for parole to be granted.
  8. #8
    Jim Beam is offline Junior Member
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    Thank you again Peligroso and Geekess.

    Wouldn't the fact that the accuser is bigger and stronger than he render "abuse" inappropriate? Couldn't he even turn the tables and say that it was he who was the victim?

    Furthermore, wouldn't the 7 counts (occasions?) be evidence of an ongoing consensual relationship?

    Finally, wouldn't the worst case be attempted sexual assault?

    Thanks again.
  9. #9
    Jim Beam is offline Junior Member
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    Can anyone suggest a way to help him?

    The attorneys there don't seem interested. He started with a court-appointed one, who was ineffective. The private replacement attorney is no more helpful. What can be done?

    Thanks.
  10. #10
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Jim Beam View Post
    Can anyone suggest a way to help him?

    The attorneys there don't seem interested. He started with a court-appointed one, who was ineffective. The private replacement attorney is no more helpful. What can be done?

    Thanks.
    When a 55 year old man finds it "appropriate" to touch sexually
    a 17 year old minor,(I don't care what sex both parties are), I think that person needs to be in prison.

    When someone comes on here looking to further victimize said minor, I think
    that I shall withhold my knowledge of legal options.

    Couldn't he even turn the tables and say that it was he who was the victim?
  11. #11
    Peligroso27 is offline Member
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    Let his attorney do his job. These things take time and although the attorney may not be up in arms to help all the time, he/she most likely has the clients best interests at heart. It may be hard to believe, I reference the bias you have again, but your friend may very well be guilty of the offense he was charged with. How do you know the attorney does not care? Do you speak with him/her on a regular basis? Is your friend worried that the attorney may rather seek a plea for seven counts of felony sexual abuse rather than leave his client on the mercy of the court. Have you reviewed all the evidence/statements against your friend to see what the odds are that he may win a jury trial? I must note that there is no demographic that will be compassionate towards the plight of a sex offender. Is the fact that your attorney does not want to get your friend out of the charges completely the biggest problem? I think you may need a dose of reality and you need to realize the gravity of the charges against the accused. Hiring a private attorney was a good move and may secure less, if any, prison time for your friend. As another note, the sentences for pedophiles have become much more harsh. Federalized reporting, administrated by the state, and even the inception of mandatory minimum sentences. I believe I read an article recently that Alabama adopted these mandatory minimums but I could be wrong.

    Baystate, I tend to agree and I believe that this will be my last post. I am quickly beginning to suspect the OP is the 55 year old pedophile in question. With 7 counts of felony sexual abuse there is no doubt that this pervert is going to prison. The only question I have is, will it be long enough?
    Last edited by Peligroso27; 08-27-2008 at 08:05 AM.
  12. #12
    cbg
    cbg is offline Senior Member
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    What Bay said.

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