Does Ohio have a “Romeo and Juliet Law?” Though not titled that way explicitly, Ohio does have Romeo and Juliet law embedded into its code of sex offenses.
If someone you love is in trouble for having a consensual sexual relationship with a teenager, a Columbus sexual conduct with a minor defense lawyer may be able to apply this law to your defense.
The Age of Consent for Sexual Activity in Ohio
Each state determines the age when a person can consent to sexual activity, and the age of consent in Ohio is 16. In situations when the parties involved are equals, 16 is seen as an age when each party has the wherewithal to make their own sexual choices.
The law intends to protect younger people from engaging in sexual behavior when they do not have the maturity to understand the consequences of such activities. It is also designed to deter those of legal age from taking sexual advantage of those below the age. The penalties for such actions are severe.
The age of consent may not apply when one person involved in the sexual behavior holds authority over the other. Though a 16-year-old may give consent, if their older, sexual partner is a teacher, employer, coach, or in another position of power over them, the relationship is likely not protected.
The Romeo and Juliet law factors when the parties are close in age, but may not both be at the age of consent.
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The Reasons for Ohio’s Romeo and Juliet Law
It is unlawful per Section 2907.02 of Ohio’s Laws and Administrative Rules for anyone to have sex with a person under age 13, and a person cannot consent to sex, under Ohio law, until reaching age 16.
The age of consent implies that teenage romances involving consensual sexual relationships put some young people in serious trouble with the criminal justice system.
Ohio’s Romeo and Juliet law offers some protection for teenagers, specifically older teens involved with younger ones. It lessens penalties or provides defenses for teens who are close in age, though one may be below the age of consent, who have a consensual sexual relationship.
Sexual exploration is an element of many teenagers’ lives, and another purpose of Ohio’s Romeo and Juliet law is to avoid criminalizing an often natural behavior. It also protects older teenagers from sex offender penalties that could potentially derail their lives.
Protections Offered by Ohio’s Romeo and Juliet Law
The Ohio Code imposes serious punishments on those convicted of unlawful sexual conduct with a minor. Under the code, it is illegal for a person aged 18 or older, an adult, to engage in sexual activity with a person under the age of consent.
The law indicates that if a high-school senior has consensual sex with a 15-year-old sophomore, the 18–year–old senior could face charges.
The law goes on to establish punishments for the adults in these situations. They can be charged with a fourth-degree felony, with penalties potentially including 6–18 months in prison and a $5,000 fine.
If the adult is more than 10 years older than the teen, the charge is a third-degree felony with a potential 1-5 year prison sentence and $10,000 fine.
The Romeo and Juliet law is embedded in section (B)(2) of the law. It reduces penalties when the older party is less than four years older than the minor.
In these circumstances, the charge is for a first-degree misdemeanor. Penalties include a maximum of six months in jail and $1,000 fine.
When the Romeo and Juliet Law Does Not Apply
Just as a 16-year-old cannot legally give consent to a sexual relationship to a person holding power over them, Romeo and Juliet laws do not apply when a teen engages in non-consensual behavior with another teen.
Adolescents must know how to determine consent, so they do not harm others or put themselves in legal trouble.
Like many laws, this one presents room for argument and interpretation. Having an experienced attorney represent you or your older teen’s interests is necessary for protection against unwarranted charges of unlawful conduct with a minor.
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Varying Perspectives on Ohio’s Law
Some support and some are against Ohio’s Romeo and Juliet Law. Generally, supporters see the law as protecting typical youthful romances and shielding young people from disproportionately harsh punishments.
Those against see it as potentially giving predatory behaviors a pass.
Those in Favor
Supporters say it is wrong to criminalize normal teenage sexual exploration and that without this protection, teens could be unfairly labeled as sex offenders. They do not believe teens’ lives should be ruined for engaging in normal behavior.
Supporters also believe the age delineations established in the law help keep penalties focused on adult predators who victimize children. They also say the law helps prevent the questionable prosecution of consensual teenage sexual relationships.
Those Opposed
The law’s detractors say even a small age gap can present imbalances of power in relationships, with a younger teen being coerced into sexual activity by the older, more powerful one.
They also say the mitigating punishments based on a four-year age gap could protect a 17-year-old who has sex with a 13-year-old, though maturity levels in this relationship are vastly different.
Those against the law see it as infringing on parents’ right to protect their younger teens from involvement in relationships that teens are not yet prepared for.
Finally, they see it as a potentially dangerous offering, offering defenses for what amounts to statutory rape, or what Ohio calls unlawful sexual conduct with a minor.
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We Build the Defense You Need
Koffel | Brininger | Nesbitt is here to offer a defense for those charged with unlawful sexual conduct with a minor. Part of that defense may come from applying Ohio’s Romeo and Juliet law to the situation.
Perhaps disapproving parents discovered their teen’s sexual activity, or a breakup prompted a quest for revenge. We are here to build the defense you need. You will feel better as soon as you talk to us.
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