Sexual abuse in the state of Alabama is one of the most serious crimes with which an individual can be charged. While sexual abuse includes a variety of sexual offenses that involve lack of consent. Individuals facing sexual abuse charges must understand the applicable acts and penalties that can result from such sexual abuse in the first degree.
Sexual abuse in the first degree in the state of Alabama arises in several different situations. The charges that constitute first degree sexual abuse include:
- Situations where one person forces another person into some type of sexual contact.
- Situations where a victim is not able to content because the victim is mentally incapacitated.
- Situations where the victim is unable to consent the because the victim is physically incapacitated.
There are some specific legal phrases uses within the definitions of these crimes, which individuals must understand.
In this context, “sexual abuse” is not specifically defined and includes a variety of acts. Any situation that included touching of intimate parts for sexual gratification will likely be found to constitute sexual abuse. “Consent” means that an individual voluntarily agreed to an act. It is particularly difficult to prove that lack of consent existed. Some of the ways that consent is proven in a court of law includes recorded footage, eyewitness testimony, or physical specimens that are obtained through the use of a rape kit.
First degree sexual abuse in the state of Alabama is classified as a Class C felony. An individual who faces first degree sexual abuse charges can face up to ten years in prison and a fine of up to fifteen thousand dollars. In many cases, an individual might also have to register as a sex offender, the act of which would subject an individual to various requirements. Individuals who are charged with sexual abuse in the first degree face a minimum sentence of ten years.
Defending Against Such A Charge
There are several ways that individuals are able to defend against first degree sexual abuse. One of the most common tactics is for individuals to argue that law enforcement has failed to prove that there was a lack of consent. Law enforcement also demonstrate that the act in question was done for the purposes of sexual gratification, which almost always include any act involving intimate parts. Another potential defense is born from statute of limitations, which state if an individual is not prosecuted within a certain period of time after an incident was reported to have occurred an individual cannot be prosecuted.
Contact An Experienced Birmingham Sex Crimes Attorney
Individuals must appreciate the great amount of obstacles and risks created by a first degree sexual abuse charge. If you face any type of first degree sexual abuse charge, consider retaining the services of an experienced Birmingham criminal defense attorney at Eversole Law LLC.