Ordinarily in Colorado, it is statutory rape to have sex with partners under 17 years old – the state’s age of consent. However, Colorado has a Romeo and Juliet law that allows certain close-in-age partners to have consensual sex even if one or both of them are under 17.
Colorado’s Romeo and Juliet law actually carves out two “close-in-age exemptions.” These are:
- Minors under 15 may have consensual sex with partners who are less than four years older; and
- Minors aged 15 or 16 may have consensual sex with partners who are less than 10 years older.
Note that Colorado’s Romeo and Juliet law applies only when the sex is consensual. If you force someone to have sex, then you could be charged with rape no matter your ages.1
What is statutory rape in Colorado?
Unless the Romeo and Juliet exemption applies, statutory rape in Colorado is having consensual penetrative sex with a partner age 16 or younger. This is because people under 17 years old may not legally consent to penetrative sexual activity.
(Penetrative sex includes vaginal sex, oral sex, anal sex, and any other sexual contact where penetration occurs.)
Example: Mary is 16 years old but looks mature for her age. She gets a fake ID and gets into a 21-and-older nightclub. Mary meets James, who is 26. Mary asks him to have sex in the bathroom, and they do.
Under Colorado’s age of consent laws, Mary can lawfully agree to have sex with someone less than 10 years her senior. Since James is older than that, he committed statutory rape. It makes no difference that James met Mary in a club for adults, that Mary lied about her age, or that Mary looked like an adult.
What are statutory rape’s penalties?
Statutory rape is prosecuted as a sexual assault charge, the same as forcible rape. It does not matter if the underage partner agreed to or initiated the sexual acts.
If the child is less than 15 – and you are at least four years older – statutory rape is a class 4 felony extraordinary risk crime. The penalty carries:
- 2 to 8 years of Colorado State Prison time,
- fines of $2,000 to $500,000, and
- registration as a Colorado sex offender for life.
If the child is 15 or 16 – and you are at least 10 years older – statutory rape is a class 6 felony. The sentence is:
- 1 year to 18 months in Colorado State Prison,
- fines of $1,000 to $100,000, and
- registration as a Colorado sex offender, though you can petition for removal after 10 years.2
Why are there close-in-age exceptions?
Colorado lawmakers understand that teenagers under the age of consent experiment with sexual intercourse and other penetrative sexual contact with their peers. An innocent, normal exploration of sexuality should not be a sex crime as long as all parties agree to it.
How do I fight statutory rape charges?
The most effective defense to statutory rape charges is that no sexual penetration occurred, and that the victim is falsely accusing you. Perhaps the young accuser – or their parents – are lying to get you into trouble.
The state has the burden to prove guilt beyond a reasonable doubt, which is a very high bar. So if the case boils down to simply a question of “he said/she said,” it may be very difficult for the state to convict you.
Note that it is not a defense to statutory rape charges that you honestly believed the victim had reached the age of consent. It also does not matter if the victim lied about their age and looked like an adult. Statutory rape is a strict liability offense, so your intent is immaterial.3
The Romeo and Juliet law permits teens close in age to have consensual sex in Colorado.
Additional Resources
For more information, refer to the following:
- National Sexual Assault Hotline: Confidential 24/7 Support – Help and guidance by the Rape, Abuse & Incest National Network (RAINN).
- What is statutory rape? – Article provided by WomensLaw.org.
- What is statutory rape? – Summary provided by AgeofConsent.net.
- Constitutionality of Statutory Rape Laws – Scholarly article in UCLA Law Review.
- Statutory Rape: A Guide to State Laws and Reporting Requirements – Overview by the Office of the Assistant Secretary for Planning and Evaluation (ASPE).
Legal References
- CRS 18-3-402.
- Same. CRS 16-22-103. See also People v. Chavez, (1972) 179 Colo. 316, 500 P.2d 365. See also People v. Jurado, (Colo. App. 2001) 30 P.3d 769. Prior to March 1, 2022, statutory rape between a 15- or 16-year-old and an adult at least 10 years older was prosecuted an extraordinary risk class 1 misdemeanor carrying 6 to 24 months in jail and/or $500 to $5,000. SB21-271.
- United States v. Wray, (10th Cir. 2015) 776 F.3d 1182.
