HERNANDEZ &
ASSOCIATES LAW FIRM

Rape Defense Attorneys Mobile, AL

Defending The Accused Against Rape Charges In Alabama

Understanding Rape Law in Alabama

Rape is one of the most serious and heinous crimes prosecuted in Alabama, carrying severe penalties and long-lasting consequences for those convicted. Under Alabama law, rape is categorized primarily into two degrees: first-degree and second-degree, each with specific criteria and associated penalties. Christine Hernandez and her team of Alabama rape defense lawyers can help you understand the legal framework surrounding the rape laws in Alabama.

Degrees of Rape

First-Degree Rape (Ala. Code § 13A-6-61)

First-degree rape is classified as a Class A felony and is defined under Alabama law by the following circumstances:

  • Forcible Compulsion: The perpetrator uses physical force or threats to compel the victim into sexual intercourse
  • Victim Incapacity: The victim is incapable of consent due to being physically helpless or mentally incapacitated
  • Victim’s Age: The victim is less than 12 years old, and the perpetrator is 16 years or older

Second-Degree Rape (Ala. Code § 13A-6-62)

Second-degree rape, a Class B felony, involves less severe circumstances but remains a serious crime:

  • Age Difference: The victim is between 12 and 16 years old, and the perpetrator is at least two years older but less than 16 years old
  • Incapacity by Law: The victim is incapable of consent due to being under the age of 16 and the perpetrator is at least 16 years old and more than two years older than the victim, but less than 19 years old

Legal Consequences and Sentencing

The penalties for rape in Alabama are stringent, reflecting the gravity of the crime:

First-Degree Rape – Being a Class A felony, a conviction can result in a prison sentence ranging from 10 years to life, with the possibility of life without parole in certain aggravated cases. The court may also impose substantial fines and mandatory sex offender registration.

Second-Degree Rape – Classified as a Class B felony, the penalties include imprisonment ranging from 2 to 20 years, along with fines and mandatory sex offender registration.

Rape Defense Strategies

Defending against rape charges in Alabama requires a meticulous and strategic approach:

  • Consent: Demonstrating that the sexual encounter was consensual can be a viable defense, particularly in cases where the evidence of forcible compulsion is weak
  • Mistaken Age: In second-degree rape cases, proving that the defendant reasonably believed the victim was of age can mitigate charges
  • False Accusations: Highlighting inconsistencies in the accuser’s testimony or ulterior motives for false accusations can be pivotal in the defense

Legal Representation and Advocacy

Given the severe repercussions of a rape conviction, it is imperative for the accused to seek experienced legal representation.

The skilled Alabama defense attorneys at Hernandez & Associates Law Firm will:

  • Thoroughly investigate the case, gathering evidence and witness testimonies
  • Challenge the prosecution’s evidence and present robust defense strategies
  • Advocate for our client’s rights throughout the legal process, from pre-trial motions to trial and, if necessary, appeal

Rape law in Alabama is designed to protect victims and penalize offenders with rigor. However, navigating these laws requires comprehensive legal knowledge and strategic defense planning. Our attorneys stay informed about the nuances of rape statutes and leverage our expertise to ensure justice is served, whether representing the accused or advocating for victims.

Contact A Mobile, AL Rape Defense Attorney For Help

If you have been charged or accused of rape – schedule a consultation with one of our criminal defense attorneys for a confidential consultation. Call our office in Mobile at (251) 479-1477, or fill out our online contact form. We fight for you and your rights!

If you were in a 2 mile radius of the spill or if you had to shelter in place, we want to talk with you. Contact us NOW for a free consultation

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Skip to content