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 Kentucky, the age of consent is 16 years old, which means that any sexual intercourse with a person under this age is considered statutory rape, a criminal offense. Kentucky law recognizes statutory rape as either a misdemeanor or a felony, depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual conduct. Kentucky does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption typically applies when the individuals involved are close in age to each other, and both are above a certain age, usually 14 years old. The close-in-age exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are both minors and close in age. However, the specifics of the exemption, including the permissible age difference and the minimum age, can vary, and it is important to consult the relevant Kentucky statutes or an attorney for the precise legal framework.