Understanding Romeo and Juliet Laws in Tennessee

 Posted on July 19, 2024 in Sex Crime Charges

Age-of-consent issues can be complicated in Tennessee. While anyone younger than 18 is considered underage, and it is illegal for anyone of any age to have sexual relations with them, the law does address cases where both parties are close in age and have engaged consensually. If you think you might be facing statutory rape charges, speak with a skilled Rutledge, TN criminal defense attorney who can review your case and advise you on whether Romeo and Juliet laws might offer you protection.

What are Romeo and Juliet Laws?

The state of Tennessee has an entire set of laws dedicated to protecting victims of sexual crimes. Named for the famous ill-fated star-crossed lovers in William Shakespeare’s play, Romeo and Juliet laws describe exceptions to the rules that would otherwise result in charges of statutory rape. In Tennessee, these laws mitigate the penalties that could otherwise result when underage individuals engage in sexual activity, with the understanding that under certain conditions, the act is consensual rather than exploitative.

The main factors that can help a case against statutory rape charges include:

• Consensual activity: If the minor involved testifies that everything was done with her consent, this can help the defendant's case.
• Age difference: If the two parties have less than a four-year age gap, there is a good chance they can be protected by Romeo and Juliet laws. Generally, engaging in sexual activity with anyone younger than 18 years old can result in charges of statutory rape, but if a 20-year-old has sexual relations with a 17-year-old, the small age gap can help their defense against the charges.
• Age of consent: If the minor involved was at least 13, they can legally give consent. However, if the defendant is significantly older, statutory rape charges might still be considered.

These three factors are crucial for anyone trying to avoid statutory rape charges. If there was consent but the age difference is more than four years, or if the two people are less than two years apart but there was no consent from the younger of the two, or if there is evidence that the older party used manipulation or coercion, Romeo and Juliet laws cannot be applied to the case.

Schedule a Free Consultation with a Grainger County, TN Criminal Defense Lawyer

If you are concerned you might be facing accusations of statutory rape, speak with a knowledgeable Blaine, TN criminal defense attorney to understand how Romeo and Juliet laws might help your case. At The Baker Law Firm, we are passionate about fighting aggressively for our clients’ rights. Call us at 865-200-4117 to schedule a free consultation.