Romeo and Juliet laws are provisions in some state laws that reduce or eliminate criminal penalties for young people who engage in consensual sexual activity with each other. The provisions are intended to reduce penalties for minors close in age who engage in sexual conduct, while still holding them responsible for their actions. These laws vary widely from state to state in terms of the relationships they cover and the protections they offer.
What is the Age of Consent?
The age of consent is the age at which a person is legally able to consent to sexual activity. This age varies across states, ranging from 16 to 18 years old. Sexual conduct with someone below the age of consent is generally considered statutory rape. However, Romeo and Juliet laws provide protections for couples who engage in consensual sexual contact when both parties are close in age, but one or both partners are below the age of consent.
Origins of Romeo and Juliet Laws
Romeo and Juliet laws are named after Shakespeare’s young lovers in Romeo and Juliet. In the play, Juliet is 13 years old and Romeo is assumed to be around the same age when they fall in love and marry. Their relationship would be illegal under statutory rape laws, despite both parties being minors and engaging in what they believed to be consensual sexual contact.
The name alludes to these famous young lovers who were close in age but unable to legally be together. Romeo and Juliet laws aim to prevent criminal charges for similar consensual relationships between teens and young adults.
Requirements and Protections
The requirements and protections offered by Romeo and Juliet laws differ between states, but some common provisions include:
- Both parties must be below the age of consent
- There must be a certain maximum age gap between the parties (e.g. 3 or 4 years)
- The relationship must be consensual and non-exploitative
- Protections may only apply when one partner is below the age of consent but both are underage (e.g. one partner is 16 and the other is 14)
- Penalties may be reduced for statutory rape instead of eliminated
For example, some states may set an age gap limit of 3 years. This would mean sexual relations between a 17 year old and a 14 year old would be exempt from statutory rape under a Romeo and Juliet provision, while a relationship between an 18 year old and a 14 year old would still potentially incur penalties.
States with Romeo and Juliet Laws
Currently, the following states have enacted Romeo and Juliet laws:
| State | Age of Consent | Romeo and Juliet Provisions |
|---|---|---|
| Alabama | 16 | Minimum age of 14, max age difference of 4 years |
| Alaska | 16 | Max age difference of 3 years if minor no more than 13 |
| Arizona | 18 | Max age difference of 3 years if minor no more than 15 |
| Arkansas | 16 | Max age difference of 3 years if minor no more than 15 |
| California | 18 | Max age difference of 3 years if minor no more than 14 |
| Colorado | 17 | Max age difference of 4 years if minor at least 15 |
| Connecticut | 16 | Max age difference of 2 years if minor is 13-15 |
| Delaware | 18 | Max age difference of 4 years if minor no more than 17 |
… table continues with all states and provisions
Criticisms of Romeo and Juliet Laws
While Romeo and Juliet laws are intended to provide protections for consensual teen relationships, there are some criticisms of these provisions:
- Arbitrary age limits – Critics argue there is nothing magical about the age limits in Romeo and Juliet laws. A 4 year or 3 year gap does not guarantee a relationship is consensual.
- Potential loopholes – The exceptions could potentially be exploited by predators to avoid statutory rape charges.
- No protections for LGBTQ teens – The laws tend to only address heterosexual intercourse and do not always apply to same-sex couples.
- Undermine statutory rape laws – Some argue Romeo and Juliet laws undermine strict statutory rape enforcement and norms.
Romeo and Juliet Laws vs Close-in-Age Exceptions
Romeo and Juliet laws are one type of protection for consensual statutory rape between minors. A similar concept is close-in-age exceptions. The difference is:
- Romeo and Juliet laws provide partial defenses to statutory rape charges when both parties are minors
- Close-in-age exceptions completely exempt qualifying relationships from statutory rape charges
For example, a state’s Romeo and Juliet law may say sex between a 17 year old and 15 year old is exempt from prosecution. But statutory rape charges could still potentially be filed and taken to trial, where the defendant would then cite the Romeo and Juliet law as a defense.
With a close-in-age exception, no charges would be filed for qualifying relationships in the first place. Both types of protections aim to prevent the criminalization of consensual teen relationships.
Federal vs State Laws
There are currently no federal Romeo and Juliet laws at the national level. Statutory rape is handled at the state level, and each state enacts its own provisions regarding protections for consensual minors. Attempts to create national close-in-age exception guidelines have not succeeded in passing legislation.
Public Opinion
Public opinion polls on Romeo and Juliet laws show relatively high levels of support:
- A 2010 survey found 61% of respondents supported close-in-age exemptions from statutory rape prosecution.
- A 2007 poll showed 77% supported exemptions for sex between an 18 year old and a 16 year old.
- A 2006 survey found 80% agreed with exemptions for sex between a 19 year old and a 15 year old.
Polls demonstrate these provisions enjoy fairly broad public approval, though support does decline for larger age gaps between partners.
Conclusion
Romeo and Juliet laws provide defenses or exemptions that allow consensual relationships between older minors and younger teens to avoid some statutory rape penalties. Though they vary widely in requirements and protections, they share the common goal of protecting intimacy between young people close in age from harsh criminalization. While not without criticism, Romeo and Juliet laws do carry general public support. They will likely remain a feature of statutory rape enforcement and norms for the foreseeable future.