Does Romeo and Juliet Law Exempt from Criminal Liability?

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Criminal legislation in Spain is strict regarding sexual offenses involving minors under 16 years of age. However, there is an exception known as the «Romeo and Juliet clause», which can prevent a conviction in cases where there is a consensual relationship between minors of similar ages.

In this article, I explain what this clause is, how it is applied in courts, and whether it could benefit you if you have been charged with a sexual assault offense against a minor under 16 years of age.

What is the minimum age of sexual consent in Spain?

Since the Criminal Code reform in 2015, the minimum age for consensual sexual relations is 16 years. Any sexual act with a minor under that age is considered a crime, even if there was consent from the minor.

However, there is an exception to this rule: the Romeo and Juliet clause, regulated in Article 183 bis of the Criminal Code.

Historical context of the age of sexual consent

Before 2015, the minimum age of sexual consent in Spain was 13 years, one of the lowest in Europe. The Criminal Code reform raised this limit to 16 years to strengthen the protection of minors and prevent situations of exploitation or abuse. However, the modification raised doubts about the criminalization

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How is the Romeo and Juliet clause applied?

Factors that courts consider in these cases

To apply the Romeo and Juliet clause, judges evaluate:

• The exact age difference between those involved.
• The context of the relationship (whether it was stable or casual).
• The psychological and emotional maturity of both parties.
• The existence of pressure, threats, or abuse of trust.
• Testimonies from the victim, the accused, and witnesses.

Cases where the Romeo and Juliet clause does NOT apply

This exception cannot be invoked when:

• There is a significant age difference.
• Abuse of superiority or vulnerability is proven.
• There was violence, intimidation, or coercion.
• The relationship was not fully consensual or manipulation existed.
• The relationship was used to exercise control or dominance over the minor.

In these cases, the law considers that the minor’s consent is not sufficient to exempt from criminal liability. Although there are cases like the Supreme Court ruling of October 19, 2016 in which the 29-year-old accused was acquitted due to mistake of law for not knowing about the reform that raised the age of consent from 13 to 16 years, with the minimum age in his country of origin being 13 years.

What to do if you have been charged with a sexual offense against a minor under 16 years of age?

If you have been charged with a