Contact your Senators and Representatives here.
Current Alabama Codes
ALA CODE § 13A-6-65: Alabama Code – Section 13A-6-65: SEXUAL
(a) A person commits the crime of sexual misconduct if:
(1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or
(2) Being a female, she engages in sexual intercourse with a male without his consent; or
(3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.
(b) Sexual misconduct is a Class A misdemeanor.
ALA CODE § 13A-6-70: Alabama Code – Section 13A-6-70: LACK OF CONSENT
(a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim.
(b) Lack of consent results from:
(1) Forcible compulsion; or
(2) Incapacity to consent; or
(3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
(c) A person is deemed incapable of consent if he is:
(1) Less than 16 years old; or
(2) Mentally defective; or
(3) Mentally incapacitated; or
(4) Physically helpless.
Alabama Board Forbids Counselors
Any Sexual Intimacies With Clients
The ALABAMA BOARD OF EXAMINERS IN COUNSELING ADMINISTRATIVE CODE
Chapter 255-X-11 Ethical Standard addresses exploitation and sexual intimacies with clients in Section A.5 – A.7 of their codes.
A.5 PERSONAL NEEDS AND VALUES
a. Personal Needs.
In the counseling relationship, licensed professional counselors are aware of the intimacy and responsibilities inherent in the counseling relationship, maintain respect for clients, and avoid actions that seek to meet
their personal needs at the expense of clients.
A.6. DUAL RELATIONSHIPS
a. Avoid When Possible.
Licensed professional counselors are aware of their influential positions with respect to clients, and they avoid exploiting the trust and dependency of
clients. Licensed professional counselors make every effort to avoid dual relationships with clients, clients’ family members, or intimate partners of clients that could impair professional judgment or increase the risk of harm to clients.
A.7. SEXUAL INTIMACIES WITH CLIENTS AND OTHERS
a. Current Clients, Family Members of Current Clients, or Intimate Partners of Current Clients. Licensed professional counselors do not have any type of sexual intimacies with current clients, family members of current clients, or intimate partners of current clients and do not counsel persons with whom they have had a sexual relationship.
How Clergy Sexual Misconduct Affects Alabama
Currently, 13 states and the District of Columbia criminalize sexual contact between clergy and congregant. Also, at least two States, Maine and Michigan, have pending bills to criminalize clergy sexual relations with a congregant. Most often, people will first choose to seek emotional and spiritual assistance from their minister, pastor, priest or rabbi. Therefore, clergy has a responsibility to “do no harm” to their congregants by exploiting them sexually much like a therapist is prohibited by law to have a sexual relationship with a client. Today, 27 states and the District of Columbia make it a crime for a therapist to have sexual relations with a client – and two states have pending bills to criminalize such sexual exploitation.
The Association of Religious Data Archives (ARDA) reported:
The population of Alabama was 4,779,736 in 2010.
The adherent totals of the religious groups listed above were 3,007,553.
Baylor University’s Study on Clergy Sexual Misconduct reported that in the average American congregation, women represent on average 60% of those attending.
So, 60% of 3,007,553 total adherents in the congregations would be 1,804,519 adherents that would be women.
According to the study, more than 3% of women who attend a congregation reported they had experienced Clergy Sexual Misconduct in their lifetime.
Therefore, 3% of the 1,804,519 women in congregations would equal 54,682 who will experience Clergy Sexual Misconduct in their lifetime.
[Clergy victimizes Men as well.]
The State of Alabama should protect these 54,682 women from such abusive clergy. Education and Laws are necessary to reduce and prevent these abuses.