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Can a woman commit the crime of rape in Alabama?

Posted by Andrew Segal | Nov 02, 2016 | 0 Comments

Years back I had a case where a woman was with a drunken male friend. She was the driver of a car and they stopped late one night at a Wal-Mart. The man got out of the car and attempted to kidnap and rape a woman. My client was also charged with attempted kidnapping and attempted rape. I will tell you what happened at the end of this video. But the short answer is yes, a woman can be charged with rape. These charges Can and do occur. Most people, when they think of rape, think of forcible sexual intercourse. That's one way the crime can occur. It can also occur if somebody is either physically helpless for mentally incapacitated or if there is a legally significant age difference between the parties. Most of the rape cases where I've represented women have involved an accusation that an adult woman has sex with a young man who was below the age of legal consent. While teacher-student sex can be a separate criminal offense in and of itself, if the mail is below the age of 16 and the woman is above 18, it can also be statutory rape. Additionally, a woman can be charged with rape if she is acting as an accessory. Under Alabama law, if you participate in a crime with another person you can be held accountable for their actions. So for example, if nasty Nancy assists rotten Robbie in getting a woman for Robbie to rape Nancy is also guilty of rape. So now back to my real case. My client who was a friend of the man had agreed that night to act as the designated driver because he had planned on and succeeded in very drunk. Around 2 AM as she was driving him home from the bar, he told her he had to use a restroom and they pulled into a Wal-Mart parking lot. She stopped the car and he disappeared into the store. When he came back, unbeknownst to my client, he approached some poor woman and attempted to force her inside her car and rape her. He then got in the car with my client and they left only to be pulled over a few blocks away. The investigator asked my client if the man she was with told her he wanted to get a woman. The man had been telling the client all evening that he wanted to pick up some girl and, since that something that drunk is frequently talk about, my client didn't give it much thought. She said yes. The cop wrote that my client knew he was playing on kidnapping a woman. It took almost 2 years to get the charges against her dropped but eventually the prosecutor accepted that what she said was simply that the man told her he wanted to pick up a woman. I hope you find these videos educational and informative. If you do, please be kind enough to hit the like button for me. If you'd like to stay informed about Alabama criminal law just push the subscribe button, I tried to release about one video every Friday.

If you are charged with a crime, you should speak with a competent lawyer as quickly as possible. If you'd like to speak with us, we provide a free case evaluation with no obligation. Just give us a call at 256-533-4529

About the Author

Andrew Segal

Andrew Segal is a former judge and prosecutor who now represents the accused as a criminal defense attorney in Huntsville, Alabama, area courts. Andrew graduated cum laude from Bowdoin College in Brunswick, Maine, in 1982. and Washington College of Law at American University in 1988.


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