Certain statutory rape laws, often informally termed “Romeo and Juliet” laws, provide exceptions in cases where both individuals involved in sexual activity are minors and close in age. These exceptions are designed to prevent the disproportionate punishment of younger teenagers engaging in consensual relationships with peers. For example, if a 17-year-old and a 15-year-old engage in sexual activity, and the age of consent is 16, the 15-year-old might not be considered a victim under a provision.
The existence of such provisions aims to recognize the nuances of adolescent relationships and avoid imposing excessively harsh penalties that could negatively impact the futures of both parties. Historically, statutory rape laws were intended to protect children from exploitation by adults. However, applying these laws rigidly in situations involving similar-aged minors can lead to unintended consequences and may not always serve the best interests of those involved. This recognition has led to the adoption of age difference exceptions in some jurisdictions.