Most states make it a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant. Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity.

But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are usually located in a state’s statutes, in the penal or criminal code.

In Arkansas, statutory rape is addressed under the state's sexual assault laws. The age of consent in Arkansas is 16 years old. Individuals who engage in sexual activity with someone under the age of consent can be charged with statutory rape, which is legally referred to as 'sexual assault' in the state. Arkansas law recognizes different degrees of sexual assault, and the severity of the charge can depend on the ages of the individuals involved and the circumstances of the sexual activity. Arkansas does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law, which provides a defense to statutory rape charges when the individuals involved are close in age. Specifically, if the victim is at least 14 years old and the defendant is under 21 years old, and the age difference between them is less than three years, the defendant may have a defense against charges of sexual assault. However, this defense is not absolute and may not apply in all circumstances. An attorney can provide specific guidance on how these laws may apply to individual cases.