Colorado’s Romeo and Juliet Law Explained

If you or someone you know faces allegations of statutory rape in Colorado, understanding the state’s “Romeo and Juliet” law is key. This legal provision seeks to address instances where young individuals engage in consensual sexual activity, yet one party falls within an age range that could lead to severe criminal charges for the older participant.

Definition of Statutory Rape in Colorado 

Statutory rape in Colorado refers to engaging in consensual penetrative sex with a partner who is 16 years old or younger. Even though the encounter might have appeared to be mutually consented to, Colorado law maintains that individuals under the age of 17 lack the legal capacity to consent to penetrative sexual activity. This includes vaginal intercourse, oral sex, anal sex, and any form of sexual contact involving penetration.

Given that consent from someone under the state’s mandated age cannot be recognized legally, an older individual involved can face drastic consequences for statutory rape, even without forcible conduct or intentional harm. 

Colorado’s Romeo and Juliet Law – Close in Age Exception

Colorado’s close-in-age exception, often referred to as the Romeo and Juliet law, is designed to accommodate consensual sexual activities between teenagers who may be close in age but on different sides of the legal age of consent. Colorado lawmakers recognize that treating such relationships the same way as other sex crimes can have unjust consequences.

Individuals under 15 can engage in consensual sexual relations with another individual who is less than four years older than they are. So, a 14-year-old could legally have a consensual sexual relationship with someone who is up to 17 years old. 

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

For those who are between the ages of 15 and 17, Colorado’s Romeo and Juliet law allows them to consent to sexual activities with individuals who are less than ten years older than they are. 

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim;

So, a 16-year-old has the legal ability to engage in consensual sexual relations with someone up to the age of 25 without invoking statutory rape charges. These stipulations within Colorado’s Romeo and Juliet law provide legal protection for young individuals engaged in consensual intimate relationships who might otherwise be prosecuted under statutory rape laws.

Fighting Statutory Rape Charges in Colorado 

If you’re facing statutory rape charges in Colorado, it’s important to recognize the gravity of the situation and your need for a comprehensive legal defense. Defending against such accusations typically involves challenging the assertion that sexual contact occurred or establishing consent within the parameters of Colorado’s Romeo and Juliet law. No matter what the circumstances are, the best way to fight back is to contact an experienced criminal defense lawyer. Reach out to Anaya & Chadderdon today to schedule a free consultation.