Spirit of Freedom in America

Sex Crimes, Rape and Alabama Law

A 49 year old Tennessee lawyer who was accused of soliciting sex from his clients and raping a babysitter has killed himself in Mobile, Alabama. Attorney David Wheland practiced criminal defense law and has been on the run from authorities since his indictment on rape, aggravated rape, kidnapping, promoting prostitution and statutory rape charges. Wheland failed to appear in court on September 4th and a warrant was issued for his arrest.  The police finally caught up to the lawyer in Mobile Alabama. He was confronted and shot himself as authorities closed in to make the arrest.  If arrested, Wheland would have almost certainly been denied bail for failure to appear in court.  If convicted, he likely would have spent the rest of his life in prison.  

Rape in Alabama is broken down into degrees. Rape in the First Degree is a class A felony.  Class A felonies in Alabama have a potential prison sentence from ten to ninety-nine years to life.  Rape in the 1st Degree is defined as having sex with someone by forcible compulsion, or having sex with someone who cannot consent, or having sex with someone who is under 12 years old.  An example of someone who cannot consent would be a victim who was passed out drunk, for instance.  Forcible compulsion is defined as exerting physical force over someone who is earnestly resisting or by a threat, either expressed or implied, that places someone is fear of serious physical harm or death to themselves or others.  

Rape in the Second Degree in Alabama is defined as having sex with someone who is under 16 years old but over 12 years old. This charge in other states is commonly called Statutory Rape.  Consent is not relevant to the charge.  The mere act of sex with someone under 16 years of age is Rape in the 2nd Degree in Alabama.  This is provided however that the criminal defendant is at least two years older than the alleged victim.  Like Rape 1st, this charge is also applicable to having sex with someone under 16 who is incapable of consent by being mentally defective.  Rape in the second degree is a Class B felony in Alabama.  Class B felonies are serious Alabama criminal charges that can result in the defendant being sent to prison from two to twenty years.  

These charges occur a great deal in high school.  Imagine your teenage son, age 17 meets a girl in school who is 15 and they have sex.  The parents of the 15 year old finds out and get upset.  They report the 17 year old child to the authorities.  The 17 year old will likely be kicked out of school, face up to 20 years in prison, and face lifetime registration as a sex offender in Alabama.  It is imperative that you hire an attorney skilled in criminal defense, and who is experienced in representing children charged with sex crimes if your son or daughter is accused of Rape in the Second Degree or any other sex crime. There are lifelong consequences for these charges.  Likewise, please be sure to educate your children about the consequences of a Rape 2 charge in Alabama.  Most high school students have no idea they can be charged with rape simply by engaging in "consensual sexual intercourse" with someone in their school or a neighbor.  

Consequences of a Sex Conviction in Alabama

 The consequences of a sex conviction in Alabama are severe and extremely harsh.  You can serve years in prison, up to life, lose your job, destroy your reputation, large fines and fees, and face a life time registration as a sex offender.  

 Registration as a Sex Offender 

In Alabama, almost any crime involving sex, including sexual misconduct, or indecent exposure (which could simply be urinating in public), can result in life time registration as sex offender.  This is known in Alabama as SORNA, or Sex Offender Registration and Notification Act.  Here are the laws in detail: Alabama Sex Offender Registration Code.

 Patriot Law is Here to Help 

As an American Patriot, and a criminal defense lawyer, I believe in the American Bill of Rights, and our Constitution. Every citizen is innocent until proven guilty beyond a reasonable doubt by a jury of his peers.  I started Patriot Law to protect your Rights against the abuses of government.  There are many people who are accused of crimes they did not commit.  And some laws are draconian in nature and the punishment rarely fits the crime.  If you or a loved one are accused of a sex crime or crimes such as assault , drug charges, gun violations, domestic violence, or any other crime, please be sure to call me.  I am Erik Fine, and I am your criminal defense attorney. Every criminal defendant faces the loss of liberty and property.  I will defend your life and freedom as if it were my own.  Learn more about why I became an Alabama Criminal Defense Lawyer here.