The tragic tale of two teenagers from warring families who fall in love is taught in many high schools throughout the country. That is because statutory rape laws under California Penal Code Section Under California Penal Code Section Notice that only the age of the victim matters according to PC This means that two minors who have sex with each other could both be charged with statutory rape.
Which States Have Romeo and Juliet Laws? | Houston Criminal Defense Attorney Ned Barnett
Teenage couples before either participant has reached the age of consent, or after one has but the other has not, may engage in consensual sexual conduct as part of an intimate relationship. In such cases, the older of the two participants is technically guilty of rape as any consent between partners, even if freely given, does not meet the standard of law as it is given by a minor. The victim in the case must be between 14 and 17, a willing participant in the sexual activity and no more than four years younger than the offender. The offense must be the only sex crime on the offender's record. This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society. Section
Does California Have Romeo and Juliet Laws? (PC 261.5)
What are the Romeo and Juliet Laws Share. Romeo and Juliet laws apply to cases of statutory rape when both members engaging in consensual sexual intercourse are teenage Romeo and Juliet laws generally stipulate a certain age gap between the older alleged offender and the younger alleged victim. The specific age gap varies from state to state. Romeo and Juliet laws do not prevent a teenage statutory rapist from facing criminal allegations of breaking statutory rape laws.
By Ave Mince-Didier. In Michigan, the age of consent is 16, and people who engage in sexual activity with children who are underage can be convicted of statutory rape also called criminal sexual conduct. In statutory rape cases, the determinative fact is the age of the child. Even if the underage person pursues or agrees to the sexual relationship, the defendant can still face criminal conviction. Of course, people who commit sex acts against others without their consent can also be convicted of sexual assault or assault and battery.