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 Ohio, the age of consent is 16 years old, and engaging in sexual conduct with someone under this age can constitute statutory rape. Ohio law recognizes statutory rape under several statutes, including sexual battery and unlawful sexual conduct with a minor. The severity of the offense can range from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the nature of the conduct. Ohio does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which provides that consensual sexual conduct is not considered unlawful if the individuals are close in age. Specifically, if one party is under the age of consent but older than 13, and the other party is not more than four years older, the older party may be exempt from statutory rape charges. However, this exemption does not apply in all circumstances, and it is important to consult an attorney for specific legal advice regarding any particular situation.
