The state of Alabama divides sexual abuse into several types of charges including second degree sexual abuse. While the resultant penalties are not as significant as first degree sexual abuse, individuals should still be aware of some basic information surrounding second degree sexual abuse charges.
Individuals in the state of Alabama are considered to have committed sexual abuse in the second degree when several different situations occur. Some of the situations that constitute second degree sexual abuse:
- An individual is unable to consent for a factor other than being less than sixteen years old.
- An individual who is nineteen or older subjects another person to sexual contact who is less than sixteen years old but more than twelve years old.
Alabama law uses several words that have a legal definition. Consent implies to situations when an individual voluntary agrees to an act. Although law enforcement must prove that consent exists in these types of cases, when the victim in question is below the age of sixteen law enforcement will not have to prove that individual knew about the child's age. Sexual contact can include a variety of sexual often including acts that involve one, or both individual's private parts.
Sexual abuse in the second degree is a class A misdemeanor in the state of Alabama. As a Class A misdemeanor, individuals can expect to face up to one year in prison and a fine of up to six thousand dollars. In situations where a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, this offense will be considered a Class C felony. Class C felonies result in up to ten years in prison and a fine of up to fifteen thousand dollars.
Defending Against Such A Charge
There are several available defenses that individuals can use in response to a second degree sexual abuse charge. Individuals are often able to successfully prove that law enforcement has failed to demonstrate a lack of consent to the act in question. Other times, individuals are able to defend against these charges by demonstrating the act in question did not occur. Individuals must remember that if a sexual abuse in the second degree charge is based upon sexual contact with a child under the of sixteen, the availability of consent from the child would not constitute a valid defense because the child does not have the legal capacity to consent to sex acts.
Contact An Experienced Birmingham Sex Crimes Attorney
Because second degree sexual abuses charges can create significant obstacles, individuals who face these charges frequently require the knowledge of a talented criminal defense attorney. 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.