Does California Have a Romeo and Juliet Law? (2025 Update)

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.

What is a Romeo and Juliet Law?

US Legal states that teenage couples may face legal issues if they have consensual sex before both are of the age of consent, or if one is and the other isn't. The older partner in teenage sex could be technically guilty of rape [1].

This is because any consent to sexual intercourse between partners, even if freely given, does not meet the standard of law when it is given by a minor.

Romeo and Juliet" laws serve to reduce or eliminate the penalty of the crime in cases where the couple's age difference is minor and the sexual contact is only considered rape because of the lack of legally-recognized consent - Agency Stated.

California Penal Code § 261.5 – Statutory Rape

The KCLG defines statutory rape in California as sex with a person under 18, who cannot be the perpetrator's spouse [2]. The punishment for statutory rape varies based on the age difference between the parties to sexual activity.

This makes Statutory Rape a “wobbler" crime; the prosecution can charge you with a Misdemeanor or a Felony, depending on the unique facts of your case - John D. From KCLG stated.

For example, if the offender is eighteen years younger and the other person is within two years of that age, they might get up to six months in county jail, large fines, or both. If the perpetrator is over twenty-one and the other person is under sixteen, penalties rise. They can face up to four years in state prison and fines over $25,000.

Also Read: Is it Illegal for 2 Minors to Have Sex?

California Statutory Rape Punishments

Wallin & Klarich state that, if guilty of statutory rape, the court can set your punishment based on your case's specifics [3]. The court can choose from the following options during sentencing.

Sentence you to one of the three terms specified by law:

For a statutory rape misdemeanor: up to one year in county jail.
For a statutory rape felony: 16 months to three years in county jail.
For a statutory rape felony (if you are 21 or older and the victim is under 16): two to four years in county jail.
Place you on probation and impose a sentence of up to one year in county jail.
Place you on probation. No jail time. But, complete community service, participate in a work release program, and attend therapy.
Place you on formal probation and assign you a probation officer.
Order you to register as a sex offender according to California Penal Code section 290.

What to do if You've Been Accused of a Sex Crime in California

YOU HAVE THE RIGHT TO REMAIN SILENT, SO EXERCISE IT. You are not obligated to provide any statements to the police under any circumstances. If a detective attempts to contact you to ask questions about an incident, simply refuse to engage. If the officer or detective persists, inform them that you have sought advice from a criminal defense lawyer. They advised you not to discuss the accusation or incident with anyone. If the police read you your rights, assert them! The typical Miranda advisement often concludes with the question, "With these rights in mind, do you wish to speak with me?" "Your answer is always “no.” Speaking to police will not help your case. Never give a statement to them without first checking this (probably terrible) idea with a lawyer.
BEWARE OF "PRETEXT CALLS" OR REQUESTS FOR AN "APOLOGY LETTER." Following your accuser's conversation with the police, it is common for the police to arrange a recorded phone call. Your accuser may call you. They may want to inquire about the incident, hear your side, or get a confession. If anyone calls you to discuss an alleged incident, end the conversation promptly and politely. State something like, "I did not commit those actions, and I do not wish to speak with you," then terminate the call. Remember that the call is being recorded, so avoid saying anything that could be misconstrued. If you believe you have received a pretext call, text, or made a false apology, seek the advice of a sex crime defense attorney immediately.
CONSULT WITH AN ATTORNEY IMMEDIATELY. In such cases, it is crucial to involve an attorney right away. You must be completely truthful with any attorney you consult for proper advice. Any info shared with an attorney, even in the first meeting, is protected by attorney-client privilege. Meet with the attorney privately, without your parents or partner. Provide a full account of the situation. If you are unable to afford an attorney, contact the Public Defender's office and request to speak with an attorney. Many sex crime defense attorneys offer free consultations. You should use them, but do so responsibly.

California Sex Crimes Statistics

The California Department of Justice’s 2020 report shows the following numbers:

22,849 cases of forcible rape
7,754 cases of other sex offenses
4,607 cases of statutory rape

These figures show a slight drop from last year's stats. But, they highlight the ongoing prevalence of sex crimes in the state.

The report notes that some demographics are more vulnerable to sex crimes in California. For instance, women comprised 88.2% of all forcible rape victims and 71.8% of all victims of statutory rape laws other sex offenses. Additionally, minors under 18 accounted for 33.6% of all forcible rape victims and 61.5% of all statutory rape victims.

Moreover, the California Department of Justice provides a county-by-county breakdown of sex crimes. In 2020, Los Angeles County had the most unlawful sexual intercourse offenses at 4,909. San Diego County had 1,676, and Orange County had 1,578.

It’s important to note that these statistics only reflect reported cases of sex crimes, and the actual number of incidents is likely higher. Many sex crimes go unreported due to fear, shame, or a lack of trust in the justice system - Agency stated.

Related Articles:

See all related sexual abuse lawsuits our attorneys covered so far.

FAQs

1. What Is the Maximum Age Difference Allowed Under California’s Romeo and Juliet Law?

Romeo and Juliet Law allows a 3-year age difference for sexual intercourse between partners if one is 14 or older and the other is within the range.

2. Does the Romeo and Juliet Law in California Apply to Same-Sex Relationships?

Yes, the Romeo and Juliet Law in California applies to same-sex relationships. It protects consensual sexual intercourse between minors, regardless of gender.

3. How Does California’s Romeo and Juliet Law Address Consent Issues?

The law allows a defense for statutory rape charges. It considers consent valid when minors are close in age. This applies if the relationship or intercourse with a minor meets certain age and consent rules.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://definitions.uslegal.com/r/romeo-and-juliet-law/
2. https://www.kannlawoffice.com/statutory-rape.html
3. https://www.wklaw.com/statutory-rape-punishment-sentence/
4. https://www.marleylawfirm.com/understanding-the-prevalence-of-sex-crimes-in-california-statistics-and-implications/