Like several other states, New Jersey’s age-of-consent exemptions to certain sexual crimes are referred to as “Romeo and Juliet laws.” Like many states, the age of consent in New Jersey is 16. However, the Romeo and Juliet laws account for the fact that many young people engage in sexual activity before the age of 16, and often with others who are close to their age. Below is a brief overview of these laws, how they apply, some common misunderstandings about them, and how they might apply to criminal proceedings you or a loved one faces.
If you need a sex crimes defense lawyer who understands criminal law and defenses in New Jersey Law and who will fight tenaciously to clear your name, contact Keith Oliver Criminal Law today for a consultation.
What Are “Romeo and Juliet” Laws?
Regardless of whether the person who is younger than the age of consent actually consented to the act, the older party can be charged and potentially sentenced to substantial prison time if they’re found guilty of statutory sexual assault. In New Jersey, for example, someone convicted of sexual assault (per NJ Rev Stat § 2C:14-2, p. 49) for sexual contact with someone under the age of 16 might face up to life in prison.
Romeo and Juliet laws are far more nuanced than the traditional age-of-consent statutes. These laws account for the fact that:
- Even though the law generally says minors cannot technically consent, young people often consent to sexual activity in the colloquial sense—they’re not coerced or forced into it
- Oftentimes, a person who is below the age of consent in New Jersey (16 years) has sexual contact with someone who is only a year, two, three, or four years older than them
Romeo and Juliet laws represent the sort of complex, variable legal solutions necessary to match real-world circumstances that are anything but cut-and-dry. Let’s look closer at how the Romeo and Juliet laws work in New Jersey.
New Jersey’s Age of Consent Laws
Here is what you need to know about how the Romeo and Juliet Law in New Jersey works:
- The age of consent in New Jersey is 16 years
- However, there are exceptions to the age of consent
- The exceptions are based primarily on the age difference between the two parties who engaged in sexual contact
- If the younger individual is under 13 years of age, the older individual is generally guilty of sexual assault (or aggravated sexual assault) even if they are less than four years older than the person who is under the age of 13—though sexual penetration of someone under the age of 13, rather than sexual contact, are important distinctions that may be critical to someone’s defense
- If the younger individual is between the ages of 13 and 15, the older individual may not be guilty of a crime so long as they are less than four years older than the person under the age of 13
Legal Consequences Without These Protections
New Jersey’s nuanced age-of-consent laws (the Romeo and Juliet exemptions) have been in effect since 1979. However, what would happen to those accused of criminal sexual acts if these laws had not been in effect?
In states without these laws, or circumstances where New Jersey prosecutors argue that the Romeo and Juliet laws do not apply, it’s possible that:
- The alleged offender is sentenced in juvenile court, which is preferable to adult court, but can still lead to truly life-altering sanctions, reputational harm, traumatic experiences, and other adverse outcomes
- The alleged offender is transferred to adult court, in which case a young person who committed an act they believed was consensual can be sentenced to decades or even life in prison
Without the Romeo and Juliet laws in New Jersey, countless young people who engaged in consensual sexual activity with someone younger than themselves would face harsh consequences, and many still do, due to prosecutorial discretion.
Common Misunderstandings
As sex crimes defense attorneys, we know that many people continue to have confusion and misunderstandings regarding the Romeo and Juliet laws. We have seen questions regarding how the Romeo and Juliet laws work arise in circumstances where:
The Older Individual Is Exactly Four Years Older
To be clear, for the Romeo and Juliet exceptions to apply, the older individual must be less than four years older than the younger individual with whom they engaged in sexual contact. This means:
- If the older individual is exactly four years older than the younger person, the Romeo and Juliet exceptions do not generally apply
- If the older individual is even one day shy of being four years older than the other individual, they may be protected by the Romeo and Juliet exception(s)
Our criminal attorneys can clarify any other questions or concerns you may have about your eligibility for a Romeo and Juliet defense when faced with charges of criminal sexual contact.
There Is Alleged “Coercion”
If those with the authority to charge an individual feel that the individual used coercion to compel the younger party to engage in sexual activity, the prosecutor may disregard the Romeo and Juliet exception.
Coercion generally means that the coercing party used some sort of explicit or implied threat to obtain something they sought, in this case, sexual activity from another party. Whether someone was coerced by another can be subjective, again highlighting the importance of an effective legal defense.
The Older Party Is Deemed an Authority Figure
Even if a Romeo and Juliet exception would otherwise apply, a prosecutor may elect to pursue criminal charges if the older individual is:
- A coach
- A teacher
- A law enforcement official
- An employer
- A community leader
- A member of the clergy
- In any other position that might communicate influence or power over the younger individual
A prosecutor might stretch the definition of an “authority figure” to include you, which can be immensely confusing for defendants who believed the Romeo and Juliet exception applied to them.
Countless other circumstances might cause confusion and misunderstanding. When someone lies about their age, is of the same sex as the other party, or other unique variables are present, the Keith Oliver Criminal Law team provides clear, personalized answers and advice.
Legal Defenses and Mitigating Factors
Countless people in New Jersey read about Romeo and Juliet laws and think, “This statute clearly applies to me, so why have I been charged with a heinous sexual offense?”
Despite these valuable statutes that protect young people from overzealous prosecution, overzealous prosecution still happens. Defenses that may help you fight these charges include arguing that:
- You were in no position of authority over the younger individual
- You did not coerce, threaten, intimidate, or even persuade the younger party to engage in sexual activity
- All parties consented, fall within the age-difference exception range, and therefore engaged in lawful activity
There are also traditional defenses that may apply in any case of alleged sexual wrongdoing. We might argue that the alleged activity did not happen or that the accuser is acting with malice or is mistaken.
Whatever your circumstances, we will present a defense tailored to your unique situation.
How a Criminal Defense Attorney Can Help
If you are arrested for or charged with a sexual offense in New Jersey, a sex crimes defense attorney from Keith Oliver Criminal Law can:
- Evaluate your circumstances and determine if a Romeo and Juliet exception applies
- Gather all evidence that supports your defense
- Prepare you for all proceedings related to your defense
- Accompany you to all legal appearances
- Handle any necessary appeals
- Fight for the best outcome of your case
We are familiar with the Romeo and Juliet laws in New Jersey, including when they should be applied and when a prosecutor may be unjustly circumventing them.
Contact Our NJ Sex Crimes Defense Lawyer to Learn More
Being convicted of a sexual offense not only carries steep legal penalties, but the stigma can follow you for years to come. We have secured dismissals and favorable deals for many clients facing serious allegations of sexual wrongdoing, and we will seek the best possible outcome for you.
Founding partner Keith G. Oliver and his dedicated legal team of defense attorneys and support staff know what is at stake for you. We are experienced criminal defense attorneys who understand age of consent laws in New Jersey. Call our office today or contact us online to get started with a free, confidential consultation. Your defense comes first at Keith Oliver Criminal Law.