Romeo and Juliet Laws: California's Statutory Rape Laws

In this presentation we will look at California's statutory rape laws, also known as Romeo and Juliet Laws.

1. ROMEO Al ID JULIE T LAWS

California’ s Statutory = Laws

2. What Is a
ROMEO AND JULIET LAW?

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3. STATUTORY RAPE LAWS

are intended to punish adults who
engage in sexual conduct with minors

4. In recent decades many states across the
country have re-written their statutory rape
laws and/or added a defense
to address situations where the individuals
involved are close in age and the sexual
conduct was consensual — even if not legally
consensual

5. These new laws have come to be called

“ROMEO AND JULIET” LAWS

after the star-crossed Shakespearean lovers

6. California does not have a
Romeo and Juliet law

7. History of Sexual Conduct
AND CONSENT

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8. In the past, it was not uncommon
for people to marry much younger

9. 1900 median age of marriage
for a woman was 20

10. 1900 median age of marriage
for a woman was 20

2010 median age of marriage
for a woman was 27

11. 1900 median age of marriage
for a woman was 20

2010 median age of marriage
for a woman was 27

1900 median age of
marriage for a man was 24

12. 1900 median age of marriage
for a woman was 20

2010 median age of marriage
for a woman was 27

1900 median age of
marriage for a man was 24

2010 median age of marriage
*$ for a man was 28.5

13. MANY WOMEN UNDER 20

were already married a century ago

14. Reasons for
MARRYING YOUNG

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15. 1900 a woman’s life
expectancy was just
under 50 years

16. 1900 a woman’s life
expectancy was just
under 50 years

17. People didn’t
continue
their education

People started
working earlier

18. CHILDREN WERE NEEDED

to help work family farm or business

19. Early marriage meant it was

CONSIDERED NORMAL
to have sex at younger age

20. Changin
SOCIETAL NORMS

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21. Societal norms changed
throughout 21st century

23. Age of majority applies to things like voting,
ability to enter into contracts, and consent to
sexual relations

24. Age of
CONSENT

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25. Today age of consent
ranges from 16 to 18 years old

In California the age of consent is 18

26. Anyone under the age of 18 is not legally able
to give consent to engage in sexual relations

27. Not important that teenagers under
the age of 18 do have sex willingly —

THE LAW SAYS THEY ARE
UNABLE TO GIVE CONSENT

28. Sex without consent is a
criminal offense

29. Just to be clear, if you are over the age of 18 and
you have sex with someone under the age of 18
you are committing a crime in California

30. Severity of the offense depends on:

IS
F Perpetrator’s age

Difference in age between the perpetrator

and victim

31. Offenses and

PENALTIES

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32. SEX WITH A MINOR

who is not three years older or
younger than the perpetrator is a

MISDEMEANOR

33. Sexual intercourse with a minor who is
more than three years younger than you
is either a misdemeanor or a felony
punishable by up to a year in jail or prison

34. Sexual intercourse between a
perpetrator 21 years or older and a
victim is under 16 years old
is a misdemeanor or felony punishable
by up to four years in prison

35. If the victim is age 13 or younger, or the
victim is 14 or 15 and the perpetrator is at
least ten years older than the victim,
the potential penalties increase
dramatically

36. CIVIL PENALTIES
ranging from $2,000 to $25,000
may also be imposed

37. Romeo and Juliet

DEFENSE

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38. Conviction for a sex offense can devastate
an individual
Often, a defendant is convicted of having

sex with a boyfriend or girlfriend

Difference in age is minimal ( ie:

perpetrator is 19 and victim is 17)

39. Frequently the defendant thought the sex
was consensual
The “victim” may even have initiated the
conduct
States have come to realize that some laws
are unfair

40. Romeo and Juliet laws
provide reduced penalties
or defense in these situations

41. Defenses to
STATUTORY RAPE CHARGE

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42. Although California does not have a Romeo
and Juliet law there are some defenses to a
charge of sex with a minor or statutory rape

43. No sexual conduct took place

Marriage

|

e If you are married the age of consent does

not apply

Mistake of age

¢ You thought the victim was beyond age of
consent and a reasonable person would also
have believed the same

44. Minimal age difference
e Not actually a defense but lessor penalties

+ Again, just because the victim agreed to the
sexual conduct does not mean he or she was
legally able to consent, but it may sway a
judge or jury to acquit or lower the penalty if
convicted

45. Sex Offender
REGISTRATION

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46. Sex offender registration carries a stigma

May prevent employment, housing, and
interfere with visitation with minor children

47. Not all convictions for sex with a minor offenses
require registration as a sex offender in
California

May be required to register if you move to
another state

48. awe

Know More About

ROMEO AND JULIET LAW
IN CALIFORNIA

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