If you are charged with Sexual Abuse in the Second Degree under Section 13A-6-67 of the Alabama Code, it is critical to understand the legal implications, potential penalties, and available defenses. This charge is a serious offense, and knowing your rights and legal options can significantly impact the outcome of your case.
Understanding the Charge
Under Alabama law, Sexual Abuse in the Second Degree occurs when a person:
1. Engages in sexual contact with another person who is between 12 and 16 years old, provided the accused is at least two years older than the victim.
2. Engages in sexual contact with someone who is mentally incapacitated or unable to consent.
Sexual contact, as defined by Alabama law, refers to any intentional touching of the victim's sexual or intimate parts for sexual gratification.
Potential Penalties
Sexual Abuse in the Second Degree is classified as a Class A misdemeanor in Alabama. While this is not as severe as a felony, the consequences can still be significant, including:
• Up to one year in jail
• Fines up to $6,000
• Possible mandatory sex offender registration
Although the charge is a misdemeanor, having to register as a sex offender can have long-term consequences, affecting employment, housing, and social relationships.
Defenses Against the Charge
Several legal defenses may be available depending on the circumstances:
1. Consent and Age Exception – Alabama law provides a “Romeo and Juliet” exception if both parties are close in age. If the accused is less than two years older than the minor, the charge may not apply.
2. Lack of Intent – Since sexual contact requires intent for sexual gratification, proving the lack of intent could be a valid defense.
3. False Accusations – Sometimes, allegations arise from misunderstandings, personal disputes, or revenge. A strong defense can challenge the credibility of the accuser's claims.
4. Insufficient Evidence—The prosecution must prove the elements of the crime beyond a reasonable doubt. If the evidence is weak or unreliable, the case may be dismissed or result in acquittal.
What to Do If Charged
1. Do Not Talk to Law Enforcement Without a Lawyer – Anything you say can be used against you. Always exercise your right to remain silent until you have legal representation.
2. Hire an Experienced Criminal Defense Attorney – A lawyer familiar with Alabama's sexual offense laws can assess your case, develop a strong defense, and negotiate for reduced charges or dismissal if possible.
3. Avoid Contact with the Alleged Victim – Any communication, even through a third party, can harm your defense and may be used as evidence against you.
4. Follow Legal Advice and Court Orders – If the court imposes any restrictions, such as no-contact orders, violating them can result in additional charges.
Conclusion
Being charged with Sexual Abuse in the Second Degree in Alabama is a serious matter that requires immediate legal action. Understanding the charge, potential penalties, and possible defenses is essential to protecting your rights. The best course of action is to remain silent, seek legal counsel, and build a strategic defense to mitigate the consequences of the charge.
