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 Iowa, the age of consent is 16 years old, which means that individuals under this age are not legally capable of consenting to sexual activity. Engaging in sexual intercourse with someone under the age of consent can result in charges of statutory rape. Iowa law does recognize a 'close-in-age' exemption, commonly referred to as a 'Romeo and Juliet' law. This exemption applies when the individuals involved in the sexual activity are within a certain age range of each other, thereby reducing or eliminating the severity of the charges. Specifically, if the individuals are within four years of age, and the younger individual is 14 or 15 years old, the older individual may be exempt from statutory rape charges. However, the exact application of these laws can vary based on the circumstances, and certain aggravating factors may elevate the offense to a more serious charge. It is important for individuals to understand that even with the close-in-age exemption, there may be legal consequences for sexual activities involving minors.