Male Rape - An Invisible Problem

[popeyespappy]

The legal definition of rape under Alabama law restricts it to an act performed by a male against a female. That means no woman can be charged with rape nor can anyone be charged with rape if the victim is male.

Section 13A-6-61
Rape in the first degree.
1. A male commits the crime of rape in the first degree if:
a. He engages in sexual intercourse with a female by forcible compulsion; or
b. He engages in sexual intercourse with a female who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
c. He, being 16 years or older, engages in sexual intercourse with a female who is less than 12 years old.

2. Rape in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2310.)
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Section 13A-6-62
Rape in the second degree.
1. A male commits the crime of rape in the second degree if:
a. Being 16 years old or older, he engages in sexual intercourse with a female less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the female.
b. He engages in sexual intercourse with a female who is incapable of consent by reason of being mentally defective.

2. Rape in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2311; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §2.)