In most states it is 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. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.

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 generally located in a state’s statutes—often in the penal or criminal code.

In Rhode Island, the age of consent is 16 years old, which means that it is considered statutory rape to engage in sexual intercourse with someone under this age. The laws governing statutory rape are found in the Rhode Island General Laws under Title 11, which pertains to criminal offenses. Statutory rape in Rhode Island can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the ages of the individuals involved and the nature of the sexual activity. Rhode Island does have a 'close-in-age' exemption, commonly known as a Romeo and Juliet law, which provides a defense to statutory rape charges if the individuals are close in age. Specifically, if the sexual contact is between two individuals who are at least 14 years old and the age difference between them is less than three years, the act may not be prosecuted as statutory rape. This exemption is designed to prevent the criminalization of consensual sexual activities among peers who are close in age.