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 Connecticut, the age of consent is 16 years old, which means that it is generally illegal to have sexual intercourse with someone who is under this age. This is considered statutory rape, which can be prosecuted under Connecticut law. The severity of the charge (misdemeanor or felony) depends on the specific circumstances of the case, including the ages of the individuals involved and the nature of the sexual activity. Connecticut does recognize a 'close-in-age' exemption, often referred to as a Romeo-and-Juliet law. This exemption allows for consensual sexual activity between minors who are close in age, typically within a two-year age difference, provided both individuals are at least 13 years of age. However, if one of the parties is under 13, the other party cannot be more than two years older. These provisions are designed to prevent the criminalization of consensual sexual activities among peers, while still protecting younger individuals from sexual exploitation by older individuals.