Romeo and Juliet laws pertain to situations where two minors become sexually intimate. It is not uncommon for minors to become sexually active if they are in their teenage years. However, you may want to consider when your child is at risk of breaking the law because of an age gap with their boyfriend or girlfriend.
If your child was arrested for violating Pennsylvania’s sexual consent laws, you should consult with an experienced Philadelphia rape defense lawyer today. While most people understand that it is illegal for an adult to have a sexual relationship with a minor, things are different when those people are young teenagers. Romeo and Juliet laws carve out legal exceptions for these relationships, although the law can be complex, and you should not try to navigate your child’s case alone.
Call our Pennsylvania sex crime defense lawyers with the Liberty Law Team at (215) 709-7431 and ask our team for a free, private case evaluation.
What Are Romeo and Juliet Laws in Pennsylvania?
Romeo and Juliet is the tragedy written by William Shakespeare in which the relationship between two young lovers ends dreadfully. In Pennsylvania, Romeo and Juliet laws are an exception to the criminal offense of statutory sexual assault, also known as statutory rape in other states.
Age of Consent in Pennsylvania
In Pennsylvania, the age of consent for sexual intercourse or sexual activity is 16. You should note that this is the age of consent in Pennsylvania. The federal age of consent is 18 and would apply in cases where a minor is taken across state lines for sex.
The age of consent is the age at which a person’s consent to sexual activity becomes legally valid. However, the mere fact that a person is 16 years old does not mean it is legal under all circumstances to engage in sexual activity.
Minors younger than 16 are not legally capable of providing legally valid consent for sexual activity unless the situation is covered by Romeo and Juliet laws.
Minors younger than 13 may not provide legally valid consent under any circumstances, even if the other person is only 1 year older.
What is Statutory Sexual Assault?
To understand the exception to statutory sexual assault, you should first understand the offense. Statutory sexual assault occurs when a person has sexual intercourse with another person who is under the age of 16 under the following circumstances:
- The defendant is at least four years older than the victim but not more than eight years older than the victim, or
- The defendant is eight years older than the victim but less than 11 years older than the victim, or
- The victim is under the age of 16, and the defendant is at least 11 years older than the victim
These laws pertain to situations where the offender is not married to the victim.
When Do Romeo and Juliet Laws Usually Apply?
Romeo and Juliet laws often apply in cases involving young relationships between teenagers and very young adults.
In many cases, the people involved have been romantically involved for some time, but the relationship becomes legally fraught when one person becomes a legal adult, and the other is still a minor. For example, an 18-year-old high school student dating a 15-year-old classmate may be protected by Romeo and Juliet laws.
How Can Pennsylvania’s Romeo and Juliet Laws Affect Your Sexual Offense Case?
If your teenager is accused of statutory rape involving another young person you believe is a consensual partner, you should speak to your attorney about how Romeo and Juliet laws may come into play as soon as possible.
Romeo and Juliet Laws as a Defense to Statutory Sexual Assault
Romeo and Juliet laws are exceptions to the statutory sexual assault law because they revolve around relationships between teenagers. The exception is designed to protect an intimate relationship between a minor who is 13 or older and a defendant who is less than four years older than the minor.
For example, if a first-year student in high school engages in a sexual relationship with a junior at the school, there would typically be a two- or three-year age gap between the two. A 15-year-old high school sophomore may have a consensual sexual relationship with an 18-year-old high school senior, and it would not be statutory sexual assault under the state’s Romeo and Juliet laws.
If a college student is charged with rape or assault, the penalties can also be severe; our assault defense lawyers for Temple students can help.
Limitations of Romeo and Juliet Laws
It is important to note that if a minor is under the age of 13 when they engage in sexual activities with another older person, that person will be charged with statutory sexual assault regardless of their age. For example, if one minor was 14 years of age and engaged in a sexual act with a 12-year-old minor, the 14-year-old may be charged with statutory sexual assault. Romeo and Juliet laws would not protect this situation.
Mistake of Age Defense
Pennsylvania recognizes the defense of “mistake of age” under certain circumstances. The mistake of age defense is when a defendant claims they were not aware of their sexual partner’s age and therefore cannot be guilty of an offense based on the victim’s age.
The mistake of age defense may not apply if the victim is below the age of 14, even if the mistake is genuine. If criminality depends on the victim being younger than a specific age that is over 14, a mistake of age defense may be effective. The defendant must prove by a preponderance of the evidence that they reasonably believed the victim was over the specific age.
How to Prove a Defense Under Pennsylvania’s Romeo and Juliet Laws
Romeo and Juliet laws are not an automatic and foolproof defense. To claim this defense, we must have evidence to support it.
Proof of Age
Our Pennsylvania sex crime defense lawyers must have evidence of the defendant’s and victim’s ages to prove that they are within the age limits of the Romeo and Juliet laws. If some time has passed since the alleged sexual assault, we must prove that the defendant and victim were protected by Romeo and Juliet laws when the sexual activity occurred.
Evidence like a birth certificate may definitively establish the ages of the defendant and alleged victim.
Proof of Consent
Romeo and Juliet laws only apply if the alleged victim gave consent to sexual activity with the defendant. If a victim did not give consent, the sexual activity is a crime regardless of age.
Testimony from the alleged victim may be necessary to prove consent. If the alleged victim cannot or will not testify, we may examine written communication between the defendant and alleged victim. Young people often communicate via text and social media, and messages between the victim and defendant may shed light on how consent was provided.
What are the Penalties for Statutory Sexual Assault?
The penalties for statutory sexual assault vary depending on the circumstances. Statutory sexual assault falls into two different categories of felonies: second-degree felonies and first-degree felonies.
Penalties for Second-Degree Felonies
As mentioned, if a defendant is four years older than a victim younger than 16, but still less than eight years older than the victim, they can be charged with a second-degree felony.
Additionally, if the defendant were eight years older than a victim who was under the age of 16, but less than 11 years older than the victim, this would also be a second-degree felony.
In Utah, a second-degree felony is punishable by up to 10 years in prison and $25,000 in criminal fines.
Penalties for First-Degree Felonies
If the defendant committed a sexual act with a minor under the age of 16 while they were at least 11 years older than the minor, they could be charged with a first-degree felony. The penalty for a first-degree felony is 20 years in prison and $25,000 in fines. Our Philadelphia sexual assault defense lawyer for UPenn students and other offenders can help you understand these penalties and get your sentence lowered in Pennsylvania.
Do Romeo and Juliet Laws Protect Defendants Aged 18 or Older?
Possibly. Romeo and Juliet laws revolve around the age of the alleged victim in a statutory sexual assault case. Specifically, if a “victim” is under 16 but at least 13, the defendant may be protected by Romeo and Juliet laws if they are less than 4 years older. For example, if a supposed victim is 15 and the defendant is 18, the defendant may claim a defense under Romeo and Juliet laws.
Do Romeo and Juliet Laws Apply to Defendant and Victim Who Are Both Under Thirteen?
No. These laws would not come into play if both minors were younger than 13. Romeo and Juliet laws in Pennsylvania only apply in cases where the younger person is at least 13. If both were younger than 13, it is unlikely either would face criminal charges if the interaction between them was consensual, depending on the circumstances.
How Are Teenage Defendants Often Accused of Statutory Sexual Assault?
Teenage defendants often find themselves accused of statutory sexual assault because of disapproving parents or misunderstandings about the age of consent.
Often, the younger person’s parents disapprove of the relationship, even though it is consensual, and file a criminal complaint to try to stop the relationship.
Many other cases result from misunderstandings of age of consent laws. Many people mistakenly believe that if a person is under 16, they cannot consent to sex at all, even with someone close in age. While someone under 16 cannot provide valid consent in many circumstances, they may consent to sexual activity with someone who is less than 4 years older.
What Should You Do if Your Teenager is Accused of Statutory Sexual Assault?
If your teen is accused of statutory sexual assault, get a defense lawyer immediately. Sexual crimes often carry harsh penalties, and convicted defendants may have to register as a sex offender for the rest of their lives. Get a lawyer immediately.
Our Philadelphia Sex Crime Defense Attorney is Here to Help
Call our Pennsylvania sex crime defense lawyers with the Liberty Law Team at (215) 709-7431 and ask our team for a free, private case evaluation.
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