AGE of CONSENT / STATUTORY RAPE

• Age of consent is 16.
• There is a 3 year "Romeo clause"; if one person is under 16 and the other person is 3 years older or more, it becomes a crime.
• Applies equally to homosexual and hetersexual couples.

SEX CRIMES AGAINST MINORS

• Sec. 11.41.434. Sexual abuse of a minor in the first degree.
• Sec. 11.41.436. Sexual abuse of a minor in the second degree.
• Sec. 11.41.438. Sexual abuse of a minor in the third degree.
• Sec. 11.41.440. Sexual abuse of a minor in the fourth degree.

SEXUAL ASSAULT

• Sec. 11.41.410. Sexual assault in the first degree.
• Sec. 11.41.420. Sexual assault in the second degree.
• Sec. 11.41.425. Sexual assault in the third degree.
• Sec. 11.41.427. Sexual assault in the fourth degree.

RAPE DURING MARRIAGE

In a prosecution under AS 11.41.410 or 11.41.420, it is NOT a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant. However, one party must have filed with the court for a separation, divorce, or dissolution of the marriage. See Sec.11.41.432.

INCEST

Under Sec. 11.41.450, a person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as:

• an ancestor or descendant of the whole or half blood;
• a brother or sister of the whole or half blood; or
• an uncle, aunt, nephew, or niece by blood.

Incest is a class C felony.

CRIMINAL STATUTE OF LIMITATIONS

Under Alaska Statutes §12.10.010 prosecution may commence up to 10 years after the commission of the offense.

CIVIL STATUTE OF LIMITATIONS

Alaska does not impose a statute of limitations for felony sexual abuse. Under Sec. 09.10.065, a person may bring an action at any time for:

• felony sexual abuse of a minor; or
• felony sexual assault; or
• unlawful exploitation of a minor

First, second and third degree sexual assault or child abuse are classified as felonies.