Does Utah Have Romeo and Juliet Laws?

 Posted on November 07, 2024 in Sex crimes

It is normally illegal for adults to have sex with minors, however much the minor claims to have consented. This is because minors are deemed incapable of providing meaningful legal consent. However, it is easy to see where a law stating that no one over 18 years old can have sexual intercourse with anyone younger than 18 years old could have some unintended and severe consequences for high school sweethearts. That is where Romeo and Juliet laws come into play. Utah’s statutory rape laws are designed to prevent a grown adult from sleeping with a much younger person who is still a minor, not to make sex offenders of young people who turn 18 years old while dating a slightly younger teenager. If you are a young adult facing sexual assault charges, you need an experienced Salt Lake City, UT sex crimes defense lawyer.

When Both Parties Are Minors 

Charges are almost never brought when two teenagers have consensual sex with each other. If two minors are close in age, they are very likely protected by Utah’s Romeo and Juliet laws, especially if both parties are at least 15 years old. However, if one party is less than 15 years old, the older of the two could still be charged with a crime, even if he is still technically a minor himself. These laws are designed to prevent older teenagers from sexually exploiting younger children.

When One Party is an Adult and One is a Minor 

Minors who are at least 16 years old can consent to have sex with adults who are up to 10 years older than the minor in question. This is meant to protect young adults who are dating people close to their own age from being charged with statutory rape.

If the minor involved is less than 15 years old, the adult can be charged with a sex offense even if he is barely 18 years old. Minors who are 15 years old can generally consent to partners within several years of their own age.

The Marital Exemption 

Consensual sex between two married people is never illegal. Even if one party is a minor and the other is an adult more than ten years older, sexual intercourse between married couples is not a crime.

Sexual Assault is Always a Crime 

Romeo and Juliet laws do not protect against sexual assault charges if one party did not give actual consent. A person of any age may be charged with sexually assaulting a person of any age.

Contact a Salt Lake City, UT Sex Crimes Lawyer 

Collins Rupp, P.C. is committed to providing high-quality defense services to people accused of sex crimes. Our experienced Davis County, UT statutory rape lawyers will work to help you if you are facing charges after having consensual sex with a similarly-aged teenager. Contact us at 385-777-2753 for a free consultation.