Top Bay Minette, AL Statutory Rape Lawyers Near You

Statutory Rape Lawyers | Serving Bay Minette, AL

211 North Water Street, Suite 10290, Mobile, AL 36695

Statutory Rape Lawyers | Serving Bay Minette, AL

63 South Royal Street, Suite 901, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

11 North Water St, Suite 1200, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

118 N Royal St, Suite 404, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

109 N.W. 1st St., PO Box 10, Summerdale, AL 36580

Statutory Rape Lawyers | Serving Bay Minette, AL

1111 Dauphin St, Mobile, AL 36604

Statutory Rape Lawyers | Serving Bay Minette, AL

11 North Water Street, Suite 24290, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

307 S. McKenzie St., PO Box 1965, Foley, AL 36536

Statutory Rape Lawyers | Serving Bay Minette, AL

163 St. Emmanuel St South, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

561 Fairhope Ave, Suite 202-E, Fairhope, AL 36532

Statutory Rape Lawyers | Serving Bay Minette, AL

208 Adams St., Mobile, AL 36633

Statutory Rape Lawyers | Serving Bay Minette, AL

10015 Turtle Creek Lane S, Mobile, AL 36695

Statutory Rape Lawyers | Serving Bay Minette, AL

1706 Dauphin Street, Mobile, AL 36604

Statutory Rape Lawyers | Serving Bay Minette, AL

104 Saint Francis Street, Suite 300, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

205 Church Street, PO Box 43, Mobile, AL 36601-0043

Statutory Rape Lawyers | Serving Bay Minette, AL

6251 Monroe Street, Suite 200, Daphne, AL 36526

Statutory Rape Lawyers | Serving Bay Minette, AL

509 Church Street, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

8975 Pompano Way, Gulf Shores, AL 36542

Statutory Rape Lawyers | Serving Bay Minette, AL

301 St. Louis St, Mobile, AL 36602

201 E. 2nd St., PO Box 400, Bay Minette, AL 36507-0400

Statutory Rape Lawyers | Serving Bay Minette, AL

207 Church Street, PO Box 2705, Mobile, AL 36652-2705

Statutory Rape Lawyers | Serving Bay Minette, AL

1111 Dauphin St, Mobile, AL 36604

Statutory Rape Lawyers | Serving Bay Minette, AL

1 St. Louis Street, Suite 1000, Mobile, AL 36602

Statutory Rape Lawyers | Serving Bay Minette, AL

14347 Oak Street, Magnolia Springs, AL 36555

Statutory Rape Lawyers | Serving Bay Minette, AL

501 Church St., Mobile, AL 36601

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Bay Minette Statutory Rape Information

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What Is Statutory Rape?

Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.

The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:

  • Age of the victim
  • Age difference between the parties involved
  • Type of sexual activity
  • Giving the victim alcohol or drugs

How Is Rape Different From Statutory Rape?

Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.

With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.

In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.

What Is the Age of Consent?

The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.

How Much Jail Time Can a Person Get for Statutory Rape?

In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.

In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.

Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:

  • Name
  • Photograph
  • Physical description
  • Address
  • Sex crime

Is It a Defense if Someone Lied About Their Age?

In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:

  • Victim had a fake I.D. and claimed an older age
  • Victim was in a place where minors are not generally present, including a bar
  • There were other witnesses who were told and thought the victim was older

However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.

Can You Sue for Statutory Rape?

For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.

The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.

Do You Need a Statutory Rape Lawyer?

There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.

What Do Judges Look for in Custody Cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who Has Legal Custody of the Child When the Parents Aren’t Married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How Can a Mother Lose Custody of Her Child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How Can You Change a Child Custody Order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

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