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 Virginia, statutory rape laws are codified under §§ 18.2-61, 18.2-63, 18.2-371 of the Virginia Code. The age of consent in Virginia is 18 years old. Sexual intercourse with a minor below this age is considered a criminal offense and can be charged as a felony, potentially leading to severe penalties including imprisonment. However, Virginia does have a 'close-in-age' exemption, commonly known as a 'Romeo and Juliet' law, which provides that individuals aged 15, 16, or 17 may legally engage in consensual sexual activity with a partner who is less than three years older. This exemption is meant to prevent the criminalization of sexual relationships between peers who are close in age. It's important to note that even with the close-in-age exemption, there are still restrictions and certain sexual activities may still be illegal. An attorney can provide specific guidance on how these laws may apply in individual cases.