In most states it is a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant.

Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.

But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are generally located in a state’s statutes—often in the penal or criminal code.

In Alabama, the age of consent is 16 years old, which means that any sexual intercourse with a person under this age is considered statutory rape, a criminal offense. Alabama law recognizes statutory rape as either a misdemeanor or a felony, depending on the circumstances, such as the age difference between the parties and whether force or coercion was involved. Alabama Code Section 13A-6-61 and 13A-6-62 outline the specifics of these offenses, with Section 13A-6-62 addressing cases involving individuals who are 16 or 17 years old and the accused is at least two years older. Alabama does have a 'Romeo and Juliet' law, found in Section 13A-6-63, which provides a defense for individuals who engage in consensual sex when both parties are at least 12 years old and the age difference is less than two years. This law is designed to prevent the prosecution of individuals who are close in age for consensual sexual activities.