(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.
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Terms Used In Alabama Code 13A-6-70

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(b) Lack of consent results from either of the following:

(1) Forcible compulsion.
(2) Being incapable of consent.
(c) A person is deemed incapable of consent if he or she is either:

(1) Less than 16 years old.
(2) Incapacitated.
(d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.
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