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 Delaware, statutory rape laws criminalize sexual intercourse with a person under the age of consent, which is 18 years old. These laws are based on the principle that individuals below this age are not legally capable of consenting to sexual activity. Delaware's statutory rape laws are codified under Title 11, Sections 770-780 of the Delaware Code. The severity of the offense can range from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the nature of the sexual act. Delaware does have a 'Romeo and Juliet' law, which provides a defense for individuals who are close in age. Specifically, if the victim is between 12 and 15 years old, and the defendant is no more than four years older than the victim, the offense is mitigated. This close-in-age exemption is designed to prevent the criminalization of consensual sexual activities among peers.