Rape Attorney in Birmingham

Accused of Rape in Birmingham? Get 24/7 Legal Help Now

At Elizabeth Hunter, we understand the gravity and sensitivity associated with being accused of rape. Our focused approach in criminal defense, combined with a commitment to client satisfaction, ensures personalized and robust legal representation.

Being accused of rape can be life-altering legally, personally, and professionally. The stigma and stress associated with such charges highlight the need for a dedicated legal team that can handle every aspect of your defense, from pre-trial hearings to potential appeals. 

Our commitment is to offer a supportive environment where your concerns are met with rigor and respect, striving to restore your reputation and normalcy in life.

Our experienced rape attorney in Birmingham is available 24/7 to protect your rights. Call (205) 900-3815 now or contact us online for a free, confidential consultation.

Understanding Rape Laws in Alabama

In Alabama, rape is primarily defined in Alabama Code § 13A-6-61 (Rape in the First Degree) and § 13A-6-62 (Rape in the Second Degree). These statutes specify various circumstances under which sexual intercourse without consent constitutes the crime of rape. 

The severity of the charge depends heavily on the specific nature of the alleged act, the age of the alleged victim, and the presence of force or threats. A rape attorney in Birmingham must possess an in-depth understanding of these specific statutes and their precise legal definitions.

Key Alabama Rape Statutes:

• Rape in the First Degree (Ala. Code § 13A-6-61): A person commits the crime of rape in the first degree if they engage in sexual intercourse with another person under any of the following circumstances:
  • By forcible compulsion.
  • When the other person is incapacitated and incapable of consent.
  • When the other person is less than 12 years of age, and the actor is 16 years of age or older. (This is a form of statutory rape, regardless of physical force).
• Rape in the Second Degree (Ala. Code § 13A-6-62): A person commits the crime of rape in the second degree if, being 16 years of age or older, they engage in sexual intercourse with another person who is:
  • Less than 16 years old but more than 12 years old; provided, however, the actor is at least two years older than the victim. (This is a form of statutory rape, specifically addressing age differences.)
  • Incapable of consent by reason of being mentally defective.

Penalties and Collateral Consequences of Rape Convictions in Alabama

A conviction for rape in Alabama carries some of the most severe penalties imaginable, extending far beyond incarceration and impacting nearly every aspect of your life.

Direct Penalties (Alabama State):

• Rape in the First Degree (Class A Felony):
  • Imprisonment: 10 to 99 years or life.
  • Mandatory Minimum Enhancements: 20 years (for child victim or deadly weapon use); life without parole (for victim 6 or less and offender 21 or older).
  • Fines: Up to $60,000.
• Rape in the Second Degree (Class B Felony):
  • Imprisonment: 2 to 20 years.
  • Mandatory Minimum Enhancement: 10 years (for child victim or deadly weapon use).
  • Fines: Up to $30,000.
• Mandatory Minimum Sentencing: Alabama imposes strict mandatory minimum prison sentences for rape, severely limiting a judge's discretion. These sentences are often classified as "sex offenses involving a child" which can trigger mandatory minimums of 20 years.
• Probation/Parole: For serious rape convictions, particularly those with mandatory minimums, probation is typically not an option, and parole eligibility may be severely restricted or denied.

A rape conviction in Alabama leads to devastating and often lifelong collateral consequences, primarily mandatory sex offender registration with public notification, imposing stringent residency restrictions that make housing incredibly difficult, and permanently closing many employment opportunities. 

Such a conviction also results in profound social stigma and ostracization, leading to immense damage to personal and family relationships. Furthermore, it causes the loss of civil rights (voting, firearms), can lead to civil lawsuits from victims, triggers severe immigration consequences (including deportation) for non-U.S. citizens, may result in civil commitment after prison, and severely impacts parental rights.