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 Georgia, the age of consent is 16 years old, as established by the state's statutory rape laws. According to the Official Code of Georgia Annotated (O.C.G.A.) § 16-6-3, a person commits the offense of statutory rape when they engage in sexual intercourse with any person under the age of 16, provided that the offender is not the spouse of the victim and is 18 years of age or older. Statutory rape in Georgia is typically treated as a felony, which can result in significant prison time and mandatory registration as a sex offender. However, Georgia does have a 'Romeo and Juliet' law, codified in O.C.G.A. § 16-6-3, which provides a defense in cases where the sexual partner is 14 or 15 years old and the offender is 18 or younger and no more than four years older than the victim. This 'close in age' exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when both participants are relatively close in age to each other.