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 Vermont, the age of consent is 16 years old, which means that it is considered statutory rape to engage in sexual intercourse with someone under that age. Vermont law recognizes that individuals under the age of consent cannot legally give informed consent to sexual activities. The severity of the offense can vary, and it may be prosecuted as either a misdemeanor or a felony, depending on factors such as the ages of the individuals involved and the specific circumstances of the case. Vermont does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which provides a defense to statutory rape charges when the individuals involved are close in age. Specifically, if the individuals are less than a certain number of years apart in age and over a certain age threshold, the older individual may not be subject to statutory rape charges. These provisions are designed to prevent the criminalization of consensual sexual activities between peers who are close in age. The relevant statutes can be found in Vermont's penal code.