Across many states, Romeo and Juliet laws are in place to protect minors involved in consensual sexual relationships from facing severe legal consequences in the long run. These affirmative defense actions are meant to keep the minors’ rights as citizens and not take them away at such a young age.
Despite this, some states do not have such clauses related to age of consent. Nevada is one such example. Let’s look at why Nevada does not have Romeo and Juliet laws.
Reviewing Statutory Rape
Before we look into that, let’s look at what statutory rape is. In brief, statutory rape refers to any form of sexual misconduct where the victim is below the age of consent. It is understood that the actor must be above the age of consent to be convicted for statutory rape, but circumstances change when Romeo and Juliet laws are concerned.
In Nevada, statutory rape is referred to as an act of penetrative sex where the perpetrator is at least above 18 years of age, while the victim is at least 14 or 15 years old (Nevada’s age of consent is 16 years). It is also known in legal documents as statutory sexual seduction. Apart from some particulars regarding names, Nevada’s statutory rape laws are generally the same compared to other states.
So Why No Romeo and Juliet Laws?
Nevada is one of the few states where consensual sexual relationships are not illegal. Simply put, as long as both parties consent to the sexual relationship and no coercion is involved, the state cannot prosecute either party for sex crimes.
As sexual acts between minors are not criminalized, the state of Nevada does not see the need to implement affirmative defense measures to protect them against sex crime-related prosecution. The state may recognize mutual consent as a sign that pursuing legal action would be wrong.
But Can They Still Be Liable?
Surprisingly, yes. The lack of legal protections via the Romeo and Juliet laws means that both parties can face statutory rape charges as defined in the Nevada Revised Statutes. This situation is very rare, however, and may only happen due to very rare circumstances.
In the extremely rare instance that both parties become liable to a statutory rape charge, they can expect the full extent of penalties from the Nevada legal system. This would often mean a possible misdemeanor conviction (the typical penalty for minors who committed sex crimes), but the judge has prerogative to require both parties to register as sex offenders.
Nevada understands that minors can engage in consexual sexual activity without it constituing abuse. Nonetheless, the state reminds youths that going too far can have legal consequences for themselves in the end.