Of course, rape that does involve force or an assault is illegal in Alabama and prosecuted as forcible rape (see Alabama Sexual Battery Laws).Assaults of a sexual nature may also be charged under the state’s assault and battery laws (to learn more, see Aggravated Assault Laws in Alabama) and child enticement and abuse laws (Child Enticement Laws in Alabama).
(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct. Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent. Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.(b) Sodomy in the first degree is a Class A felony.Consent is no defense to a prosecution under this subdivision. It shall be unlawful for any person with lascivious intent to entice, allure, persuade or invite, or attempt to entice, allure, persuade or invite, any child under 16 years of age to enter any vehicle, room, house, office or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.Any person violating the provisions of this section shall, for the first violation, be punished by a fine not to exceed ,000.00 or by confinement for a term not to exceed five years, or by both fine and imprisonment; and any person who shall be convicted for the second violation of this section shall be punished by confinement in the penitentiary for not less than two nor more than 10 years, and such person shall not be eligible for probation.Statutory rape is prosecuted under Alabama’s criminal sexual contact and penetration laws.