The crime Sodomy in the Second-Degree occurs in two ways.
1. If a person who is over the age of 16 engages in deviant sexual intercourse with another person and that person is under 16 years old but more than 12 years old, the crime is Sodomy in the Second Degree.
In other words, if a 17-year-old boy were to receive oral sex “a blow job” from his 15-year-old girlfriend, he would be guilty of this crime. Even if the 15-year-old girlfriend were an active, enthusiastic, and willing participant, he would be guilty. This is because under Alabama law, she is not legally capable of providing consent but he is old enough to be held legally accountable.
2. This crime also occurs if someone engages in “deviant sexual intercourse”-in other words, oral or anal sex, with a person who is not able to consent because they are “mentally defective.
A person is mentally defective if they suffer from a mental disease or defect to the degree that they are incapable of appraising the nature of their conduct.
See, 13A-6-64(a)(1) & (2) Code of Alabama
What are the defenses to sodomy the second-degree?
A. Age-related sodomy
Age-related sodomy is often treated differently and defended differently than other types of sodomy cases. When the “victim” and the person accused were not able to legally have sexual relations but, the parties willingly engaged in the conduct and while illegal, the age difference between the parties is not too much, many prosecutors will generously allow the accused to attend a counseling program so as to avoid the harsh consequences of a conviction.
If the case cannot be negotiated in that fashion, there may be other defenses that apply as to identification. It is very important to be aware that in age-related sodomy cases the issue of “consent “does not apply. This is because a person who is under age may not legally give consent the state of Alabama. Many a young man has confessed unknowingly to age-related sodomy by saying something along the lines of “I never forced her to do anything it was all consensual.”
B. Mentally defective sodomy
This type of crime occurs when one party has oral or anal sex with someone who has a significant mental disease or defect.
The defense may be whether or not the aggrieved party has a sufficient mental defect to be considered “incapable” of appraising the nature of their conduct.” Force of the defense such as whether or not any type of sexual conduct occurred or whether or not this person committed the crime would still apply.
What is the punishment for Sodomy, Second Degree?
This is also a sex crime and, anyone convicted be subject to Alabama's sexual offender registration and notification act. This act would require that a person be registered as a sexual offender and that the public be notified about their conviction. A person subject to this law must comply with all terms and they are to do so can result in additional charges.