In general, “Romeo and Juliet” laws may apply to sexual conducts between
minors.
Many states also include in their statutory rape laws an age range between
the parties, such as by outlawing intercourse with a victim under a certain
age by a person:
•of a certain age (such as 18) or older, or
•a certain number of years older than the victim (such as “at least
three years older”).
The reason for the age range specifications, often termed “Romeo and Juliet
” provisions, is to treat consensual sexual activity between two parties
who are both quite young in a less severe fashion. In some states, the
defendant may offer the parties’ relative ages as a complete defense to
statutory rape; in others, the relative ages of the two may be a “
mitigating” factor that lessens the charge and the associated penalty if
convicted.
However, in some states, the relative ages of the parties is not a complete
defense but merely lowers the severity of the crime (and the possible
penalty) to misdemeanor level.
Sex between young people of the same gender
A few states have “Romeo and Juliet” laws that expressly limit the
exception to situations where the two people engaged in sexual activity are
of the opposite sex. In Texas and Alabama, a person charged with statutory
rape may be acquitted under the states’ Romeo and Juliet exceptions if the
defendant is no more than three years older than the victim but only if the
two are male and female. If defendant and victim are of the same gender, the
Romeo and Juliet exception provides no defense to the statutory rape charge.
And, in California, sodomy (anal intercourse) is treated differently than
genital intercourse, and the state’s Romeo and Juliet mitigation does not
apply to statutory rape involving sodomy. Under California law, where a
defendant who has consensual genital intercourse with a person under age 18
is no more than three years older than the other party, the charge may be
lowered to a misdemeanor. But, if the sexual conduct between the parties
includes sodomy, the Romeo and Juliet mitigation does not apply. The result
is that consensual anal sex between young males who are close in age is
treated as statutory rape in California and subjects the defendant to the
full penalty.
