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 Maine, 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 may constitute statutory rape. Maine law recognizes a 'close-in-age' exemption, commonly referred to as a 'Romeo and Juliet' law, which provides that individuals who are less than 5 years apart in age may legally engage in consensual sexual activity, provided that the younger party is at least 14 years old. This exemption is designed to prevent the criminalization of sexual relationships between individuals who are close in age and both minors. The specific charges and potential penalties for statutory rape in Maine can vary based on the circumstances, including the ages of the individuals involved and whether aggravating factors are present.