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15-Aug-2015 17:48 by 4 Comments

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None of these laws explicitly outlaws such relations, but makes them open to prosecution under certain circumstances (such as if the relation is considered exploitative or if the minor was "corrupted").Restrictions apply for sex with adolescents between the ages of 13 and 16 (Argentine Penal Code, Article 120).

In South America, many countries have different levels of protection or of restriction for sexual activities with minors.

Other variables, for example close in age exceptions may exist and are noted when relevant.

The only country in South America where male same-sex sexual conduct is illegal is Guyana and a higher age of consent for same-sex sexual relations in Chile and Paraguay.

As an exception, the State could prosecute the offender when the minor was at any age below 18 but only when the family of the minor was so poor that they couldn’t afford a lawsuit (Penal Code, article 225, I) or when the offender was the father, mother, stepfather, stepmother or legal guardian of the minor (Penal Code, article 225, II).

On March 2005, the crime of seduction of minors (Article 217 of the then Penal Code) was abolished by the Brazilian Congress.

The Penal Code of 1940 lowered the presumption of violence in sexual acts (equivalent of statutory rape) to 14 (Article 224, “a”, of the then Penal Code), but consensual sex with adolescents aged 14 to 17 could still be prosecuted under “corruption of minors” (Article 218) or “seduction of minors” (Article 217) while, in both cases, only parents could file charges to form a lawsuit (Article 225).

Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents (Article 225) (see old version of the 1940 Penal Code here – in Portuguese), while sex with those younger than 12 was prosecuted by the State based on the legal definition of child (Article 2nd of the Code of Minors).Below is a discussion of the various laws dealing with this subject.The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.The extent and nature of these restrictions or circumstances vary according to the country and are explained below in the proper section.In Argentina, the age at which there are no restrictions for sexual activities is 18, while the minimum age of consent is 13 regardless of gender or sexual orientation.In Chile, the age at which there are no restrictions for sexual activities is 18, while the minimum age of consent is 14. El que accediere carnalmente, por vía vaginal, anal o bucal, a una persona menor de catorce años, será castigado con presidio mayor en cualquiera de sus grados, aunque no concurra circunstancia alguna de las enumeradas en el artículo anterior.

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