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 Pennsylvania, the age of consent is 16 years old. This means that an individual under the age of 16 cannot legally consent to sexual activity, and engaging in such activity may result in charges of statutory rape. Pennsylvania law recognizes statutory sexual assault as a serious offense, and it can be prosecuted as a felony. The severity of the charges often depends on the ages of the individuals involved and the circumstances surrounding the act. Pennsylvania does have a 'Romeo and Juliet' law, which provides a defense in situations where the sexual activity is consensual and both participants are close in age, typically within a four-year age difference, and over the age of 13. This is intended to prevent the criminalization of consensual sexual activities among teenagers. However, this defense is not absolute and does not apply in all circumstances. It is important for individuals to be aware of these laws and the potential legal consequences of engaging in sexual activities with minors.