Does California Have Romeo and Juliet Laws?

March 13, 2025 | Nafiz M. Ahmed

Romeo and Juliet laws are designed to decriminalize consensual sexual activity between minors and young adults by providing a “close-in-age” exemption. These laws allow minors to engage in sexual activity with another minor or an adult close to their age without facing criminal charges. California does not have specific Romeo and Juliet laws, making it critical to understand the age of consent and the laws surrounding statutory rape.

In California, individuals must be at least 18 years old to legally consent to sexual activity. This legal requirement means that any sexual activity with a person under 18 is considered a criminal offense, regardless of whether the minor apparently consents or even initiates the sexual activity. If you’re accused of having a sexual relationship with someone under 18, you face serious penalties as a defendant.

Statutory Rape Charges

Sexual intercourse with a minor is generally prosecuted as statutory rape. Statutory rape can be charged as a misdemeanor or a felony. If it’s charged as a misdemeanor, you’re facing up to one year in county jail.

A felony conviction can carry up to four years in state prison, depending on the age difference between the individuals involved. Fortunately for anyone facing this situation, there usually isn’t a requirement to register as a sex offender.

Because there are no Romeo and Juliet laws, this means an 18-year old high school senior could be charged with statutory rape for engaging in sexual activity with a 17-year old high school senior.

Fighting Statutory Rape Charges

Although statutory rape is a serious offense, there may be defense strategies to either reduce the charges or lead to an acquittal. Below are some potential defenses your lawyer can raise on your behalf:

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that sexual activity occurred between the defendant and a minor under 18. If there is a lack of credible evidence – for example, conflicting witness statements or inconclusive physical evidence – the state may be unable to meet its burden of proof, potentially leading to a dismissal or acquittal.

False Accusations

It is possible that the minor or another party could have fabricated or exaggerated the circumstances surrounding the alleged sexual contact. There may be motives such as revenge, peer pressure, or other personal factors. Presenting contradictory evidence and finding inconsistencies in the accuser’s story can help prove that the accusation is untrue and lead to an acquittal.

Police Misconduct

If law enforcement engaged in any unlawful practices – such as coercing a confession, failing to inform you of your rights before questioning, or tampering with evidence – you might have grounds to challenge the validity of the investigation. If any evidence was obtained through unconstitutional means, it could be excluded from trial. This would weaken the prosecution’s case, increasing your chances of a not-guilty verdict.

Mistake of Age Defense

While statutory rape is often considered a strict liability offense, there can still be a defense if you truly and reasonably believed the alleged victim was 18 or older. For example, if the victim lied about their age and showed you a fake ID that looked legitimate, this could be a valid defense. You will have to show that your belief was both honest and reasonable under the circumstances.

Alibi

If you have credible evidence showing you were elsewhere at the time the alleged crime took place, you have an alibi defense that rules out your involvement. This could include time-stamped documents, surveillance video, witness testimony, or cell phone records. This is not an exhaustive list of defenses, but it provides a good overview of how you can fight back against these charges. The best thing you can do is to talk to a lawyer as soon as possible. Contact us today to schedule a free consultation with a sex crimes defense lawyer.

Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500