Colorado’s statutory rape laws include a close-in-age exemption, often referred to as a “Romeo and Juliet” provision. This exemption narrows the scope of the law, preventing the prosecution of consensual sexual activity between individuals close in age, even if one partner is below the age of consent. For instance, in Colorado, the age of consent is 17. However, the close-in-age exemption generally protects individuals 15 and older from being prosecuted for sexual activity with someone within a specified age range, typically four years younger or younger. This means a 19-year-old would not necessarily be prosecuted for having consensual sex with a 15-year-old.
Such provisions aim to prevent criminalizing consensual sexual activity between young people in typical adolescent relationships while still protecting minors from exploitation by significantly older individuals. These laws recognize the developmental realities of adolescence and attempt to balance the need to protect young people with the avoidance of overly harsh penalties for age discrepancies in consensual relationships. Historically, these laws have emerged from the recognition that strict statutory rape laws can sometimes lead to unintended consequences, such as prosecuting young people engaged in typical teenage relationships.
