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Penal Code § 21.11(b) (2022).) Challenging Laws as Discriminatory Acts 465.) Texas law continues to limit its Romeo and Juliet defense to consensual sexual conduct between people not more than three years apart in age and of opposite sexes. 2005).) In 2019, the Alabama Legislature struck (deleted) statutory language that limited its Romeo and Juliet protections to relationships involving people of the "opposite sex." (Ala. In Kansas, the state's supreme court found the limited Romeo and Juliet provision unconstitutional and extended the provision to include same-sex conduct. Alabama amended its law and the Kansas law was found unconstitutional, but, as of February 2022, the Texas law remains unchanged. As a result, individuals in same-sex relationships were penalized more severely in these states. Protections Limited to Opposite-Sex RelationshipsĪ few states-including Alabama, Kansas, and Texas-had language in their statutes that limited protections of their Romeo and Juliet laws to people in opposite-sex relationships. Under Romeo and Juliet laws, these close-in-age relationships either don't constitute a crime under statutory rape laws or result in reduced charges (such as misdemeanor instead of felony charges).
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Romeo and Juliet laws provide exceptions to, or mitigate (reduce), statutory rape charges in situations where young people close in age consent to a sexual relationship (such as a sexual relationship between consenting teenagers ages 17 and 18). Romeo and Juliet Laws: Protecting Close-in-Age Relationships In particular, a few states limited certain statutory protections-called "Romeo and Juliet" laws-to only people in opposite-sex relationships. In other words, states did a complete overhaul and changed all gender-specific terms to gender-neutral terms-that is, except for a few states. Gender-Neutral or Not?Īs states moved to using gender-neutral language in their statutory rape laws, most did so with respect to definitions, punishments, exceptions, and defenses. And prosecutors can charge a female with statutory rape of a male, and they can bring statutory rape charges against one or both individuals in a same-sex relationship. With these changes, statutory rape laws now protect underage males as well as females. Modern statutory rape laws generally seek to protect young people from victimization by older, more experienced (and possibly predatory) individuals-regardless of the victim or offender's gender.Īs part of this evolution, most states have replaced gender-specific language ("he," "she," "male," "female") with gender-neutral terms ("person," "individual") in statutory rape (and other rape) laws. The focus of statutory rape laws has changed significantly over time.
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To this end, statutory rape laws historically penalized only males for having sexual relations with younger females.
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Evolution of Statutory Rape LawsĮarly statutory rape laws arose from the concern of protecting the chastity of young girls to ensure their eligibility for marriage.
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The law is complex and changes regularly. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The information in this article provides an overview of laws relating to statutory rape.