December 10, 2025 - by Herman Law
When it comes to sex crimes, understanding the age of consent in New Jersey is critical for survivors, families, and institutions alike. At Herman Law, we represent individuals who were sexually abused as children, helping them seek justice through civil claims. These cases frequently involve violations of age of consent laws, which often intersect with complex legal concepts such as the “Romeo and Juliet” statutes, institutional responsibility, and delayed reporting. Because these laws can be misunderstood or misapplied, our role is to help clarify the legal options available to survivors. We focus on providing honest, compassionate guidance and holding institutions that failed to protect children accountable. Our commitment is centered on giving survivors the legal tools they need to take action—no matter how much time has passed since the abuse occurred.
In New Jersey, the legal age of consent is 16 years old. This means that individuals who are 16 or older can legally engage in sexual activity, provided the other party is not in a position of authority or significantly older in a way that violates statutory laws. However, there are strict limitations when it comes to relationships involving individuals under 16, especially if there is a significant age gap or the older party is in a supervisory role.
If the adult is in a position of power, such as a teacher, coach, clergy member, or staff at a youth institution, the consent threshold may increase to 18 years old. These additional protections reflect the state’s commitment to safeguarding minors from coercion and abuse by authority figures.
The Romeo and Juliet law in New Jersey is a legal provision designed to prevent young individuals close in age from being prosecuted for statutory rape. This “close-in-age” exemption allows certain consensual relationships between minors or between a minor and someone just slightly older without resulting in serious criminal charges.
What does the Romeo and Juliet law allow?
If both individuals are at least 13 years old and the older party is less than four years older than the younger, criminal penalties may not apply. This exemption, however, does not prevent civil claims in cases where abuse, coercion, or institutional neglect are involved.
Importantly, this law does not excuse relationships where there is a clear power imbalance or where the relationship occurred within institutions such as schools, boarding schools, churches, or residential programs for youth. In such cases, Herman Law often helps survivors pursue civil remedies against those responsible.
Why does New Jersey have a Romeo and Juliet law?
These statutes are meant to avoid criminalizing consensual sexual activity between teenagers who are close in age. The law recognizes that not every intimate relationship involving minors constitutes criminal or abusive behavior.
However, these protections are not meant to cover situations where adults target minors under the guise of a consensual relationship, nor do they shield institutions that failed to intervene or report abuse. Civil law distinguishes between voluntary behavior and statutory violations rooted in exploitation or negligence.
In our civil cases at Herman Law, we routinely work with survivors whose abuse was mischaracterized as consensual when, in fact, the law clearly prohibited the conduct based on age differences and the authority of the perpetrator.
In New Jersey, statutory rape is not named as a distinct charge. Instead, such cases are typically prosecuted under the state’s general sexual assault statutes. That said, sexual activity with someone under the age of consent can result in charges such as aggravated sexual assault or criminal sexual contact, depending on the circumstances.
The severity of the charge depends on multiple factors:
For example, engaging in sexual activity with a minor under 13 is generally classified as aggravated sexual assault and is one of the most serious sex crime charges in New Jersey. Even if the child is over 13 but under 16, the offense may still be serious if the older person is more than four years older or holds a position of trust.
In our civil practice, Herman Law brings attention to these classifications to show how survivors were legally protected and how institutions may have failed to act in time.
What are the consequences of violating New Jersey’s age of consent laws?
While Herman Law does not represent defendants, it’s important to understand the criminal penalties to grasp the full weight of the harm survivors have experienced. Penalties vary based on the specific offense and age disparity but may include:
These criminal penalties often run parallel to the survivor’s ability to file a civil claim, especially under laws such as the New Jersey Child Victims Act. This law extends the timeframe during which survivors of childhood sexual abuse can file lawsuits, even decades after the abuse occurred.
Per CHILD USA, New Jersey now allows survivors to file civil claims until age 55 or within seven years of discovering the abuse. This legal shift acknowledges the reality that many survivors are not able to come forward until well into adulthood.
At Herman Law, we focus solely on representing survivors of childhood sexual abuse. If you were abused as a child by someone who violated New Jersey’s age of consent laws, or if your abuse involved institutional negligence, you may have the right to pursue a civil case.
We understand how difficult it can be to revisit painful memories. That’s why we approach every case with compassion and discretion.
Contact Herman Law for a free, confidential case review. When you ready to talk, we’re here to listen.
Jeff Herman is a nationally recognized attorney and founder of Herman Law, known for his dedication to helping survivors of sexual abuse. With over 35 years of experience, Jeff has represented thousands of clients across the U.S. and secured landmark victories, including a $100 million verdict. He is trained in trauma-informed advocacy and works closely with survivors to guide them through the legal process with care and determination. Jeff is admitted to practice in Florida and New York and leads a team committed to justice and healing.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by an attorney at Herman Law, with legal experience in helping victims of sexual abuse.
Speaking up is never easy—but you’re not alone. If you’re ready to explore your legal options, our compassionate team at Herman Law is here to listen, support, and guide you forward. Reach out today in complete confidence.
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