As the recent wave of sex assault allegations in America continue to swell, those accused of a sex crime face a storm of condescension and other consequences before they’re even taken to court. This is just one of many reasons why those accused of a sex offense choose to hire a criminal defense attorney before they’re even officially charged.
Just ask former Alabama state judge and recent gubernatorial candidate Roy Moore.
Mere weeks before the Dec. 12th election, four women told the Washington Post that they had sexual encounters with Moore when they were teenagers and he was in his 30s. Five more women have since come out, claiming they were sexually assaulted by Moore.
Many politicians and citizens called for Moore to step down from the race (including Republican Majority Leader Mitch McConnell). Moore’s supporters claimed the accusations were merely a political stunt to sway an important vote. Moore has denied the allegations from the beginning.
Regardless of the arguments and the fact that his opponent ultimately Doug Jones won the election, this begs the question:
What, if any, legal consequences might Moore face as a result of the accusations?
As it was in 1979, the legal age of consent in Alabama is 16. Alabama law says a person commits the crime of sexual abuse in the second degree if he is older than 19 and subjects another person between the ages of 12 and 16 to sexual conduct. The first offense is a Class A misdemeanor, subject to up to a year in jail and a $6,000 fine; subsequent offenses committed within a year are Class C felonies, with sentences ranging from a year to 10 years in prison and fines of up to $15,000.
If prosecuted at the time, Moore could have faced charges of sexual abuse in the second degree for his alleged contact with two of the nine women.
He could have also been charged with a felony, punishable by up to 10 years in prison, for the more serious charges of enticing a child younger than 16 to enter a home with the purpose of proposing sexual intercourse or fondling of sexual and genital parts.
However, no charges were filed against Moore at the time and the state’s statute of limitations for bringing charges for sexual abuse of a minor expired three years after the alleged incidents (sometime between 1980 and 1983).
Interestingly, Alabama later changed its law to do away with a statute of limitations for any sex offense involving a victim below age 16. But this change only applies to sex crimes committed after Jan. 7, 1985, meaning Moore cannot be charged with sexual abuse for alleged crimes he committed between 1977 and 1979.
What about a civil lawsuit?
Victims of child sexual assault have just two years after their 19th birthday to file a civil suit in Alabama, so the statute of limitations for filing a civil claim against Moore has also passed.
When it comes to child sex abuse victims filing a criminal or civil lawsuit, Alabama has ranked as one of the five worst states in the US.