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With this law still on the books, it is not clear what the age of consent for homosexual conduct in Alabama is.However, it is probable that a state court would default to the age of consent for heterosexual conduct, assuming that the state legislature does not clarify the issue.However, it does say that a person under the age of 14 cannot be prosecuted as an adult.Moreover, having sex with a person under the age of 12 is rape in the first degree. In Alabama law, there are no recognized exceptions to age of consent. This type of statutory rape is a strict liability offense, meaning that even if a defendant had a good faith belief or made an honest mistake as to an individual's age, they will still be criminally liable.(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.Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.(2) He, being 19 years old or older, subjects another person to sexual intercourse who is less than 16 years old, but more than 12 years old.
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Individuals aged 15 or younger in Alabama are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Alabama statutory rape law is violated when an individual over age 18 (or 16 or older if the victim is at least 2 years younger than the offender) engages in sexual intercourse with a person over the age of 12 and under age 16.