ALABAMA : Rape/Molestation Statutes of Limitation
In the state of Alabama, a person is guilty of first-degree rape if:
1. a person engages in sexual intercourse with the opposite sex by forcible compulsion (against that person's will), or
2. a person engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated (i.e. someone in a coma); or
3. a person is over the age of 16, and engages in sexual intercourse with a member of the opposite sex who is 12 years of age or younger.
First-degree rape is a Class A felony.
Second-degree rape occurs if:
1. a person who is over the age of 16 engages in sexual intercourse with a member of the opposite sex between the ages of 13 and 15; the actor, however, must be 2 years older than the victim (for example, if a 16 year-old has sex with a 14 year-old, it is considered second-degree rape, whereas if a 16 year-old has sex with a 15 year-old, it is not).
2. a person engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective (for example, a person who is legally mentally retarded).
Second-degree rape is a Class B felony.
There is no statute of limitations in the state of Alabama for minors or adults who have been the victim of rape or sexual abuse.
Bob molests Jane when she's 6 years old and she never tells anyone about it. When she turns 18, she decides to report the crime. Bob may still be charged with a crime, even though it took place nearly 12 years ago. Due to there not being a statute of limitations, Bob can be charged with assault regardless of when Jane reports it.
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