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 Arkansas, statutory rape laws are codified under the Arkansas Criminal Code. The age of consent in Arkansas is 16 years old. Individuals who engage in sexual activity with someone under the age of consent can be charged with statutory rape, which is considered a sex offense. The severity of the charge can vary from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the circumstances of the sexual activity. Arkansas does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law, which provides a defense to statutory rape charges when the individuals involved are close in age. Specifically, if the victim is at least 14 years old and the offender is under 21 years old and no more than three years older than the victim, the offense may be treated with lesser penalties. However, this defense is not absolute and does not apply in all situations. It is important for individuals to understand that even consensual sexual activity can lead to criminal charges if one of the parties is below the age of consent and the close-in-age exemption does not apply.