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 Kentucky, the age of consent is 16 years old, which means that any sexual intercourse with a person under this age may constitute statutory rape, a serious criminal offense. Kentucky law does recognize a close-in-age exemption, commonly referred to as a 'Romeo and Juliet' law. This exemption allows for consensual sexual activity between minors who are close in age. Specifically, if one party is under the age of 16 but at least 14 years old, and the other party is no more than 4 years older, the older party may be exempt from statutory rape charges. However, this exemption does not apply if the older party is in a position of trust or authority over the younger person. The exact charges and penalties for statutory rape in Kentucky can vary depending on the circumstances, including the ages of the individuals involved and whether the offender has previous convictions. Statutory rape can be prosecuted as a misdemeanor or a felony, with potential consequences ranging from probation to significant prison time. It is important for individuals to understand these laws and to consult with an attorney if they face such charges or have questions about the legality of a relationship.