Can my friend be convicted with statutory rape?

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Can my friend be convicted with statutory rape?

My friend had intercourse with a young woman at 16 or 17
years of age. He is 18. I was wondering if he could be
charged. The woman in question isnt charging him, her
mother is the one doing so.

Asked on November 1, 2018 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The age of consent in CO is 17 years of age. This is the minimum age at which an individual is considered legally old enough to give their consent to participate in sexual activity. Individuals aged 16 or younger are not legally able to such consent and engaging in sexual relations at this age may result in prosecution for statutory rape. That having been said, close in age exemptions exist allowing 16 and 17 year olds to engage in sexual intercourse with partners who are less than 10 years older. These exemption is also known as the "Romeo and Juliet laws" and are designed to prevent the prosecution of underage couples who engage in consensual sex when either one or both are significantly close in age to each other but below the age of consent. Depending on the situation, the exemption may completely exempt those qualifying from the age of consent law or at least provide a legal defense which can be used in the event of prosecution. 


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