Statutory rape is one of the most serious crimes you can be accused of committing in Colorado. The consequences of a conviction may be devastating and permanently alter the course of your life. However, if you are close in age to your underage sexual partner, and both parties consented, you may be wondering whether the Romeo and Juliet law will apply.
Colorado’s Romeo and Juliet law is designed to protect minors and consenting sexual partners from facing statutory rape charges, which means you may be able to avoid criminal charges altogether. It may be in your best interest to prepare a compelling criminal defense when you are accused of statutory rape or any other sex crime.
Under CRS 18-3-402, you can be charged with statutory rape if the alleged victim is a minor and cannot consent to sexual activity. Statutory rape is generally prosecuted under Colorado’s sexual assault laws per the statute. Charges may apply if you have been accused of engaging in sexual touching or penetration with:
If the minor is 15 or 16 years old, you could face prosecution for a misdemeanor offense. If the minor is 14 years old or younger, you could be charged with a class four felony as described by the Colorado Crime Classification Guide.
The consequences of a statutory rape conviction will be much harsher than a conviction for, say, domestic violence. If you are found guilty of sexual assault on a child, you could be facing class four felony charges if the minor is 14 years of age or younger. If convicted, you could be ordered to pay a maximum of $500,000 in fines and spend up to six years in prison.
If the minor is between the ages of 14 and 17, you could be tried at the misdemeanor level. If convicted, you could spend a minimum of six months in jail and pay as much as $5,000 in fines. Additionally, if you are accused of a sex offense involving a minor, you will likely be required to register as a sex offender on the Colorado Sex Offender Registry.
Individuals convicted of misdemeanors may be required to register for a minimum of five years whereas people convicted at the felony level may be required to register for a minimum of 10 years or the rest of their lives, depending on the circumstances of the case.
Colorado’s Romeo and Juliet law can be described by the Colorado Legislative Council Staff. Here, when two young adults engage in a consensual sexual relationship, but one partner is nine or fewer years older, the Romeo and Juliet law protects them from statutory rape charges.
However, the Romeo and Juliet law only applies in specific circumstances. If a minor is 15 or 16 and engages in consensual sexual activity with someone four or less years older, the older party should not be convicted of statutory rape. It also applies when a minor aged 14 or younger engages in consensual sexual activity with someone three or less years older.
The Romeo and Juliet defense only applies to consensual sexual activity. If there is any question that the younger minor child did not give their consent, statutory rape charges may still be brought forward by the prosecution.