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rvlaw
rvlaw, Lawyer
Category: Criminal Law
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Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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is it against the law to have sex with female that mentally

Resolved Question:

is it against the law to have sex with female that mentally retarded
Submitted: 1 year ago.
Category: Criminal Law
Expert:  rvlaw replied 1 year ago.

Hi,

 

The answer is yes. Each state has a different law for statutory rape based on age. The reason for it is that below that age, the state considers that the woman does not have the capability of making informed consent as to whether or not she wants CONSENSUAL sex. When a woman is mentally challenged, regardless of her chronological age, a state considers that she is similarly unable to give informed consent.

 

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Please read the Just Answer disclaimer. We do not have an attorney-client relationship which includes confidentiality. You have to consult an attorney in your state even if you are in NY where I am admitted to practice.

 

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Rich

 

 

 

 

 

 

 

 

rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience: Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
rvlaw and other Criminal Law Specialists are ready to help you
Expert:  rvlaw replied 1 year ago.

Here is the Alabama law. It would be up to the prosecutor to prove beyond a reasonable doubt that a female, even though she is above the ages in the statute, does NOT have the ability to give informed consent,

 

 

REMEMBER THAT THIS IS NOT LEGAL ADVICE

Please read the Just Answer disclaimer. We do not have an attorney-client relationship which includes confidentiality. You have to consult an attorney in your state even if you are in NY where I am admitted to practice.

 

To find a lawyer, go to Martindale.com. This is a site that we attorneys use to find very qualified and respected attorneys across the country who specialize in various areas of law. It is arranged geographically and by specialty. Attorneys don't pay to get listed in Martindale. This is the process : attorneys in the area and specialty rate their fellow lawyers.

 

 

 

 

Rich

 

 

 

 

 

 

 

Alabama

§ 13A-6-61

§ 13A-6-62

First-degree rape for someone age 16 or older to have sexual intercourse with someone under age 12.

Second-degree rape for someone age 16 or older to have sexual intercourse with someone between age 12 and 16, when the actor is at least two years older.

Life in prison or between 10 and 99 years

Two to 20 years in prison

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