What is the Romeo and Juliet Law?
The Romeo and Juliet law is a colloquial term for statutes that exempt from criminal liability individuals engaged in consensual sexual activity with minors provided the age difference between the participants is within specific limits. Such laws are designed to prevent the prosecution of people who are typically close in age, such as teenage couples. Their purpose is to protect young people who engage in consensual sexual behavior but who would otherwise be subject to statutory rape because such laws make no distinction between consensual and non-consensual conduct.
Romeo and Juliet laws can also prevent the requirement that registered sex offenders leave their states of residence when the age of consent is met, which is generally 16-18 in most jurisdictions. Likewise, such laws may allow for the "lowest-low" sentence to be imposed where applicable.
The term "Romeo and Juliet law" has been used in American states to describe a number of different crime exceptions (often involving sexual conduct) governing consensual sexual activity when the individuals involved are not much different in age, in order to prevent a state from prosecuting individuals for statutory rape when both individuals are both under age 16 .
Most states have laws that impose civil and/or criminal penalties on individuals who engage in sexual conduct with a minor under the age of consent (usually 16 to 18, depending on the jurisdiction), regardless of whether the conduct was consensual; however, in many states, when the two individuals are "close in age," some exceptions exist to protect the older individual from prosecution. These are often called "Romeo and Juliet laws."
The age of consent varies between 11 and 21 throughout the United States. There are a limited number of exceptions to the variety of ages at which minors are deemed able to give consent. The government is typically reluctant to set specific ages by which a minor can consent to sexual activity, and often there are ranges written in statute, as well as exceptions to the exceptions, but generally where the individuals involved in the sexual activity fall into the range, the law will protect both parties from being guilty of statutory rape.
New Jersey’s Legal Age of Consent
In New Jersey, the age of consent and the age at which a minor can consent to sexual intercourse varies based on a number of factors. First, if the victim and the defendant are both over the age of 18, then consent is generally not unlawful provided that the encounter does not involve force or coercion.
Beyond this general rule, the Romeo and Juliet law in New Jersey allows for a number of exceptions. First, the law specifies that the age of consent in New Jersey is 16. To be more specific, N.J.S.A. 2C:14-2(c) permits consent to be given by a person age 16 or older to any person over the age of 4.
The general age of consent in New Jersey is further governed by the general rule in sexual assault cases. N.J.S.A. 2C:14-2(a) specifies that a person is guilty of sexual assault if they purposely or knowingly have sexual contact with the victim and the victim is: (a) 13 years old, but less than 16 years old, and the actor is at least four years older than the victim; or (b) at least 16 years old, but is less than 18 years old, and the actor is at least four years older than the victim and is not the victim’s legal or blood relative or a person whose professional or occupational relationship with the victim is indicative of an exploitative relationship (teacher, babysitter, etc.).
Section b of the rape statute, N.J.S.A. 2C:11-1, which sets the age of consent at 13, is governed by section c of the sexual assault statute.
Subsection a, on the other hand, makes it unlawful for any person over the age of 18 to have sex with a person under the age of 13. In this case, there is no exception for a difference of four or more years in the parties’ ages.
NJ Romeo and Juliet Law Exceptions
As with any law, the Romeo and Juliet law comes along with certain provisions and limitations. For example, both parties must be at least 13 years old, and there cannot be a difference of more than four years between the partners’ ages. Moreover, both partners must agree to the sexual relationship, and the partner older than 16 must have permission from the parent or guardian who has custody over the younger partner.
With those exceptions, the hope is that people will be able to view these relationships in a reasonable fashion and provide support to affected couples. The following are some examples of ages that would be permissible and impermissible under the law: Considering those numbers, it is clear that this is a law written with older teens in mind. That said, whether one party is the age of consent when the relationship begins, and the other is younger, is not an ironclad indicator of whether statutory rape has taken place. The law provides that if the younger partner was the victim of statutory rape as a result of a relationship with the older partner and other factors, such as parental permission and lack of coercion, then the older partner would not be guilty of statutory rape.
Examples of Cases and Outcomes
Over the years, there have been various case studies and legal outcomes related to the application of the Romeo and Juliet law in New Jersey. One notable case involved a situation where the law was successfully used to mitigate the consequences faced by a young adult charged with statutory rape. In this case, a 20-year-old college student was charged with having underage sex with his 17-year-old high school sweetheart. In the past, such a charge could have resulted in sexual offender registration, significant fines, and possible imprisonment. However, framing the case through the lens of the Romeo and Juliet law, the prosecutor was able to agree to a plea bargain. Ultimately, instead of a conviction for sexual assault, the student was convicted of a lesser offense, allowing him to avoid the collateral consequences of mandatory sex offender registration.
Another case study involved a young female who had turned 18 years of age, but whose partner remained 17 years of age. Upon learning of the relationship, the parents of the male partner demanded that underage sexual relations cease immediately. The young woman did not comply. Her partner’s parents filed criminal charges, citing N.J.S.A. 2C:14-2. The case attracted considerable media coverage, given the notoriety of other cases involving charges under N.J.S.A. 2C:14-2. This particular young woman’s situation was ultimately resolved to everyone’s satisfaction. She received a plea bargain following consultation with an attorney experienced in defending charges under N.J.S.A. 2C:14-2. Because her partner had recently turned 18, he was given a warning and allowed to return home. No further action would be taken as long as no similar violations occurred over the next year.
The implementation of the Romeo and Juliet law has had a profound impact on public perception and practice, especially as it pertains to relationships between teenagers and adults. It has also had more subtle effects on court procedures. For example, prosecutors are less likely to move forward with filing charges based on the expression of affection between a 14-year-old and a 22-year-old. So that the court dockets are not cluttered with frivolous cases, prosecutors will evaluate the evidence in such circumstances to ensure that there is probable cause to file charges.
Consequences for Breaking Law
Because of the potential criminal implications, it is important to be cognizant of the fact that a young relationship could fall within the range of the statutory consent age. A relationship involving an individual 16 or 17 years of age, while the other is 18 or older, could result in criminal charges for sexual assault. In fact, a conviction for first degree aggravated sexual assault is usually accompanied by a lengthy prison term and mandatory parole supervision for life. Probation is not an option. While there are expungement exceptions for all sexual offenses , there are no exceptions for first-degree offenses. This means that individuals sentenced for first-degree sexual assault can never have their conviction removed from their record.
Teenagers who are not aware of the law may be subject to criminal charges that can result in a wide range of penalties, all having devastating effects on their future. The importance of knowing the laws of consent, statutes of limitations, and related criminal charges should not be understated. For example, aggravated sexual assault is a first-degree crime that carries a penalty of 10 to 20 years in state prison, as well as Megan’s Law registration for life. Although sexual assault usually means a 3-5 prison term, fifth-degree crimes consist of a 1-2 year prison term. Failing to register as a sex offender, for example, can lead to a 2-5 year prison sentence.
Controversies and Legal Implications
The Romeo and Juliet law in New Jersey has attracted criticism, especially with regard to its applicability to same-sex couples. Critics argue that the idea that two persons of the same sex cannot be guilty of a crime that the law does not consider a crime when it involves two persons of the opposite sex is illogical. But in 2007, that same year the law came into effect, the state’s attorney general responded to the criticisms saying the law does not discriminate against homosexuals.
Below are some selected criticisms of the law: In 2010, one of the law’s critics, Glen Surbey, submitted a petition to the New Jersey Division on Civil Rights against the New Jersey State Police on behalf of his partner who was arrested in 2009 for having underage sexual contact with Surbey’s 16 year-old daughter. The petition cited the age of the males as some of the reasons the law was discriminatory because they could not be charged with statutory sexual assault. As of April 2011, the case as still pending.
Aside from its applicability to same-sex couples, other critics of the Romeo and Juliet law argue that the law itself is both unnecessary and vague. On August 31, 2010, a New Jersey man was arrested on charges of sexual assault for allegedly having sex with a 15 year-old girl who was in the custody and care of her mother due to abuse. The alleged offense occurred in June 2008 when the victim was 15, and the man was charged with sexual assault in January 2009. The man pleaded not guilty, and later, accepted a plea deal, paying a cash bail of $15,000, and agreeing not to contact the victim. Some felt he should have been charged with a lesser crime, namely third-degree endangering the welfare of a child.
These examples do not purport to represent the range of opinions on the law or the specificity of the criticisms. In some cases, the criticisms overlap with legal gray areas; it appears that the law has a ways to go before it will be understood and accepted by all.
Legal Aid and Support
For those seeking legal advice and support regarding the Romeo and Juliet law in New Jersey, there are several resources that can be of assistance. The State of New Jersey’s Department of Children and Families (DCF) provides guidance and support for families with children at risk or involved with child protective service systems. Individuals can find information related to the Romeo and Juliet law on DCF’s website or by calling the New Jersey Child Abuse and Neglect hotline at 1-877-NJABUSE (1-877-652-2873).
The New Jersey Coalition Against Sexual Assault, a statewide not-for-profit organization working to eliminate sexual violence , also offers resources and support for individuals seeking more information about the Romeo and Juliet law and related legal inquiries. This organization can help connect individuals with legal aid organizations or other resources in their area.
Legal aid societies and volunteer legal aid hotlines are also available to provide legal advice and representation to eligible individuals through programs like Legal Services of New Jersey. For further guidance on finding legal assistance, individuals can visit the American Bar Association’s legal aid resources page or search their local yellow pages under the emergency government section.