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 Massachusetts, the age of consent is 16 years old, as established by Massachusetts General Laws Chapter 265, Section 23. This means that it is considered statutory rape to have sexual intercourse with someone under the age of 16, even if they consent, because the law presumes that they are incapable of giving informed consent. The severity of the offense can vary depending on the ages of the individuals involved and the circumstances, with potential charges ranging from misdemeanor to felony. Massachusetts does recognize a 'close-in-age' exemption, commonly referred to as a 'Romeo and Juliet' law. This exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are close in age, specifically when the older party is less than two years older than the younger party who is at least 14 years old. This close-in-age exemption is intended to prevent the criminalization of relationships between peers.