Facing statutory rape charges can have life-altering consequences. Even if a relationship feels consensual, the law may see it very differently. New Jersey takes sexual assault cases seriously, especially sexual assault against minors. Charges due to age differences can affect far more than just the immediate case.
Facing the Fear of a Life-Altering Charge
When a couple is close in age, you might assume the law will recognize that and make an exception. You might have heard of “Romeo and Juliet” laws and hoped that they could protect you. Some states have broad protections to shield teenagers or young adults from prosecution when they are only a few years apart. New Jersey’s laws can be narrower. The difference between being protected and facing prosecution often comes down to the alleged victim’s age, the age difference, and the alleged offender’s status.
That uncertainty is often crushing for the accused. Will statutory rape laws deem your relationship criminal? Will the state’s Romeo and Juliet laws protect you? When so much depends on technical details regarding criminal sexual contact, talking to an experienced New Jersey sexual assault attorney can help you understand your options.
Understanding Statutory Rape Under New Jersey Law
New Jersey law doesn’t always align with how people think about relationships. Under N.J.S.A. 2C:14-2, sexual assault charges apply when the law says a person isn’t legally able to give consent. This doesn’t mean there was violence or force—it can simply come down to age.
New Jersey’s age of consent is 16. If the younger person is under 13, the law treats any sexual penetration as aggravated sexual assault, no matter the circumstances. When the younger person is between 13 and 16, there’s a distinction based on the age difference. If the older person is at least four years older, sexual penetration is criminal. For example, a 15-year-old dating a 19-year-old could trigger criminal charges, while a 15-year-old with a 17-year-old would not.
New Jersey takes a strict approach here regarding sex crimes. Believing that the other person was old enough, or thinking the relationship was harmless, generally won’t protect you in court. Prosecutors only need to prove the ages involved and the sexual conduct. That’s why even relationships that seem consensual can lead to serious accusations under the law.
Sometimes, the offender’s status can automatically raise the charge to aggravated sexual assault when the younger person is between 13 and 15 years old. The law recognizes that some relationships carry extra influence or authority, making consent legally impossible in the eyes of the court. This applies if:
- The older person is related to the younger person within the third degree (such as a sibling, uncle, or cousin).
- The older person has authority or control over the younger person, like a teacher, coach, or employer.
- The older person is acting as a guardian or foster parent within the home.
In these cases, the power imbalance is so significant that the age difference doesn’t matter. Even if the two people are only a few years apart, the older person can still face aggravated sexual assault charges.
What People Mean by “Romeo and Juliet” Laws
When people talk about “Romeo and Juliet” laws, they’re referring to rules that exempt young people who are close in age from statutory rape charges. In other words, if both people are teenagers or just a few years apart, prosecuting the older person as a sex offender doesn’t make sense.
These protections exist in many states, but they aren’t all the same. Some laws only apply to people under a certain age, while others set strict limits on how many years apart the couple can be.
Unfortunately, many people assume these protections are in place everywhere. They hear the phrase, think it’s universal, and believe that being close in age makes the sexual relationship legal. That assumption can be dangerous. New Jersey has a narrow, close-in-age exception that works differently from what most people imagine.
Does New Jersey Have a Romeo and Juliet Law?
New Jersey doesn’t have a statute that’s officially called a “Romeo and Juliet law.” Instead of creating a broad exemption, N.J.S.A. 2C:14-2 has a limited safeguard for teenagers close in age. Whether or not charges apply depends on very specific details:
- The age of the younger person
- The age of the older person
- The exact age gap between them
- Whether the accused is in a position of authority, a guardian, or is related
Even when the relationship seems consensual and harmless, prosecutors won’t necessarily look at it that way if the law’s sexual assault conditions are met. In short, there is a small window of protection based on a four-year age difference when one person is between 13 and 16.
The Close-in-Age Provision in New Jersey – How It Works
Under the sexual assault law, sexual penetration with someone who is at least 13 but less than 16 is a crime only if the older person is at least four years older. Here’s how that might play out in real life:
- A 14-year-old and a 16-year-old are less than four years apart, so this would prevent a sexual assault charge based on age alone.
- A 14-year-old and a 19-year-old are more than four years apart, so the older person could face statutory rape charges.
- A 16-year-old has reached the age of consent, so they can consent to a sexual relationship with anyone, regardless of age—unless they’re under 18 and the other person is in a position of authority, a guardian, or is related to them.
- If the younger person is under 13, there’s no close-in-age protection at all. Any sexual penetration with a child younger than 13 is treated as aggravated sexual assault under the statute.
This can be complicated, so consulting a knowledgeable sexual assault defense attorney in New Jersey can help you understand what to expect.
Common Misunderstandings About Romeo and Juliet Protections
If you’re confused about how New Jersey’s laws work or if Romeo and Juliet laws apply, you’re not alone. Many people believe these protections are broader than they really are, or don’t realize there are certain relationships the law never protects. Some of the most common myths about New Jersey Romeo and Juliet protections include:
- Consent makes it legal – Even if both people agree, New Jersey law says anyone under 13 cannot legally give consent. A younger person’s agreement doesn’t prevent charges.
- Every state has Romeo and Juliet laws – While some states have broad protections, New Jersey doesn’t. Instead, it relies on a narrow, “close-in-age” rule built into its sexual assault statute.
- The close-in-age rule erases charges automatically – Even if the age difference falls within the rule, prosecutors can still bring charges if other factors are present. For example, force, coercion, or a position of authority over the alleged victim are all reasons you could still face sexual assault charges.
Understanding exactly how the New Jersey sexual assault law is written is the only way to know when a defense based on age difference may apply.
When These Laws Might Actually Help
New Jersey’s close-in-age provision can make a real difference in certain situations. It doesn’t erase all risk, but it can stop charges from moving forward when the age gap falls within the four-year limit. For example:
- A 14-year-old having a relationship with a 17-year-old is legal. Because the older person is less than four years older, the law would not treat the relationship as statutory sexual assault.
- A 15-year-old dating a 16-year-old is also legal. Even though the 16-year-old can legally consent to sex with nearly anyone, the age difference is small enough that it doesn’t trigger the statute.
- A 16-year-old dating a 20-year-old is legal, since New Jersey’s age of consent is 16.
In these scenarios, the exact ages matter. Proving a birthdate or clarifying when the relationship began can be the difference between a sexual assault charge and having no criminal liability. Even a few months can change the legal outcome. Defense attorneys often use this provision to argue for charge dismissal or to push for a reduced charge.
When These Laws Will Not Protect You
The close-in-age provision in New Jersey has strict limits. There are situations where it won’t shield you from charges, even if the relationship felt consensual. For example:
- The age gap exceeds four years
- The younger person is under 13
- Authority or family roles are involved
- Force or coercion is involved
Possible Legal Defenses Beyond Romeo and Juliet Provisions
Even when the close-in-age rule doesn’t apply, there are other defenses that a New Jersey sexual assault lawyer can explore. These include challenging age or birth record accuracy, questioning witness credibility, or showing that the evidence does not meet the legal definition of sexual assault.
Other defenses may focus on procedural issues, such as whether law enforcement followed proper legal procedures during investigations or obtained evidence lawfully. Each case is unique, and experienced attorneys examine every detail to determine the strongest possible defense strategy.
Contact Our NJ Sexual Assault Lawyers to Build Your Defense
Facing statutory rape charges is serious, but skilled legal guidance can make a difference. Contact Keith Oliver Criminal Law to speak with a New Jersey sexual assault lawyer and start building your defense.
