From punishment to protection: Necessity of ‘Romeo and Juliet Law’

“Romeo and Juliet laws,” also known as “close-in-age exemptions,” are legal provisions designed to protect young people from prosecution for consensual sexual relationships with peers close in age. Named after Shakespeare’s tragic lovers, these laws aim to differentiate between predatory behavior and mutual relationships, shielding young individuals from harsh legal consequences.

The objective of such laws is to de-stigmatize consensual teenage relationships and prevent young people from enduring life-altering penalties for age-related legal technicalities.

Context in Nepal

Laws setting an age of consent for sexual activity are unique in that they can render a child both a victim and an offender based solely on age. In Nepal, The National Penal Code, 2017, Section 20, states that consent may be expressed verbally, in writing, or through gestures or conduct. However, the consent of a person below 18 years is not legally recognized.

This provision was introduced to safeguard minors, acknowledging that children may lack the emotional, psychological, and social maturity to understand the consequences of sexual activity. Section 219 of the same code stipulates that if a man engages in sexual intercourse with a girl under 18, even with her consent, it is considered rape. Unfortunately, this law overlooks the protection of young boys below 18 years, leaving them vulnerable to prosecution even in consensual relationships with peers or older individuals.

For example, if a 16-year-old boy engages in consensual sexual activity with an 18-year-old girl, the boy may face charges of statutory rape while the girl does not. This creates a significant legal imbalance. Furthermore, in a society like Nepal, where early marriages and relationships are still prevalent and digital platforms have made romantic connections more accessible, such scenarios are increasingly common.

Need for a Romeo and Juliet Law

A Romeo and Juliet law is essential in Nepal to address these gaps in the legal system. Such a law would:

Protect individuals close in age: Typically, these laws apply when the age gap is two to four years, ensuring young adults or older minors are not penalized for consensual relationships with peers.

Decriminalize consensual acts: The law would safeguard teens from being labeled as offenders when engaging in consensual relationships free from coercion or exploitation.

Prevent life-altering consequences: Being branded as a sex offender can severely impact education, employment, and reputation. This law would mitigate such outcomes for consensual acts among peers.

Limitations of Romeo and Juliet Law

Despite their benefits, these laws have limitations:

Age gap restrictions: Protection is limited to relationships within a specific age gap (e.g., 2–4 years). Larger gaps may still result in statutory rape charges.

Minimum age requirements: Relationships involving individuals below a certain age (e.g., 14–16) are generally not covered.

Exclusion of non-consensual acts: These laws do not protect cases involving coercion, manipulation, or exploitation, which remain punishable under the law.

International practices

Globally, Romeo and Juliet laws have been implemented with varying scopes:

Canada: The age of consent is 16, but exemptions exist for minors aged 12–15 engaging in consensual activity with someone close in age.

United Kingdom: While no formal law exists, prosecutors often consider the context before charging minors in consensual relationships.

India: In the Vijayalakshmi vs State case, the Madras High Court recommended amendments to protect adolescents in consensual relationships under the Protection of Children from Sexual Offenses (POCSO) Act.

Call for reform in Nepal

The current legal framework in Nepal fails to distinguish between consensual relationships among peers and predatory acts. This disproportionately penalizes young boys while overlooking their rights to equality under the Constitution of Nepal. The absence of a Romeo and Juliet law exacerbates this imbalance, leaving Nepal’s youth vulnerable to severe and unjust consequences.

Drawing from international practices, it is clear that such laws strike a balance between protecting minors and acknowledging the realities of teenage relationships. Nepal must follow suit by introducing a well-crafted Romeo and Juliet law to ensure fairness, protect youth, and address the changing dynamics of relationships in today’s society.

Conclusion

In a rapidly evolving social landscape, laws must adapt to address emerging challenges. A Romeo and Juliet law in Nepal would safeguard minors from unjust penalties for consensual relationships while maintaining robust protections against exploitation. It is time for Nepal to recognize this need and ensure its legal system promotes fairness, equality, and protection for its youth.

Abinesh Adhikari

BA LLB 5th Year

Kathmandu School of Law