Sexual Misconduct In Alabama

Every U.S. state defines its crimes slightly differently. In some states, the phrase ‘sexual misconduct’ is more colloquial, referring to a broad category of sex crimes that may or may not include sexual assault and rape. In Alabama, the phrase has a specific meaning, codified in the state’s judicial code. That said, it is very much a ‘catch-all’ description for certain sexual acts that may not fit under any other definition.

If you have been charged with sexual misconduct, it is imperative that you seek out a Birmingham sexual misconduct attorney from Goldasich, Vick & Fulk before going to trial. Because this is a relatively unusual charge, you need someone who understands how it should be handled on your side. We are here to help.

Rarely Seen, But Still Valid

Alabama defines sexual misconduct as engaging in sexual intercourse, sodomy, or sexual contact with another person without their consent (or if consent was obtained by ‘fraud or artifice’), but the events do not rise to the level of rape or sexual assault. As one might imagine, this pattern of events is quite unusual, as in many cases, the lack of consent is all that is necessary to make a sexual encounter problematic or even criminal.

The major difference between sexual misconduct and an offense like rape is that sexual misconduct is a Class A misdemeanor, while rape and sexual assault are usually tried as felonies. Class A misdemeanors in Alabama carry up to one year in jail, plus fines, if convicted, but sentences for rape and sexual assault can be far longer, depending on the specifics of the situation.

Know The Consequences

One other significant difference between a conviction for rape and one for sexual misconduct is that while both require registration on the Alabama Sex Offender Registry, a sexual misconduct conviction does not trigger the public notification provisions of the Act if it is a first offense. A second separate offense will trigger those provisions, but not a second that is related to the first. This is one of the reasons why sometimes those who are guilty of more serious sexual offenses will try to plea-bargain down to a sexual misconduct charge, successfully or not.

While it is true that the penalties for a sexual misconduct conviction are not as serious as those for rape, this does not mean that a person should not take the charges very seriously. A sex offense is a sex offense, and while the public will not always be notified of such a conviction, other people like prospective employers may be able to view your criminal record, regardless.

Our Attorneys Can Help

If you have been accused of sexual misconduct, it is understandable to be frustrated or even afraid. The Birmingham sexual misconduct attorneys from Goldasich, Vick & Fulk will work hard to protect your rights during the legal process, keeping you in the loop every step of the way. Contact our office today to schedule a consultation.

Source:

alison.legislature.state.al.us/code-of-alabama?section=13A-6-65