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 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 categorizes statutory rape under offenses concerning unlawful sexual conduct with a minor. The severity of the charge can range from a misdemeanor to a felony, depending on the ages of the individuals involved and the circumstances of the sexual activity. Ohio does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which provides legal protection for consensual sexual activity between minors who are close in age. Specifically, if one party is under the age of 18 but over the age of 13, and the other party is not more than four years older, the older party may be exempt from statutory rape charges. These laws are codified in the Ohio Revised Code, primarily within the sections that address sex offenses.
