Age of consent in South America
In South America, the only country where male same-sex sexual conduct is illegal is Guyana.
The only countries with a higher age of consent for same-sex sexual relations than opposite-sex ones are Paraguay and Suriname.
Scope: all jurisdictions per list of sovereign states and dependent territories in South America, with discussion of applicable laws.
In South America, countries have varying levels of restriction of sexual activities with minors.
Restrictions apply for sex with adolescents between the ages of 13 and 16 (Argentine Penal Code, Article 120).
– Anyone who promotes or facilitates the corruption of persons under eighteen, even with the consent of the victim shall be punished with seclusion or imprisonment of three to ten years.
308 Bis, Violación de Niño, Niña o Adolecente (Rape of Boys, Girls and Adolescents),[25] which punishes rape (Spanish: violación) of children under 14, "even without the use of force or intimidation and when consent is alleged" (así no haya uso de la fuerza o intimidación y se alegue consentimiento).
[26][27][28] There is also the crime of estupro, which is carnal access using seduction or deceit, with adolescents aged 14–18 (Art. 09).
Although not legally formalized, there is judicial precedent allowing a close-in-age exception for those aged 12–13 to engage in sexual activity with partners who are as much as 5 years older.
Sex with minors below the age of 14 (for all those older than 18),[30] is equivalent to statutory rape and is legally defined by Art.
217-A of the Brazilian Penal Code as the "rape of a vulnerable person" (Portuguese: Estupro de vulnerável), with a penalty of 8–15 years imprisonment.
[31] The prostitution of minors (all ages under 18) is punished by law and is prosecuted by the state[citation needed] as a crime against family care, Art.
[34] The Penal Code of 1940 further lowered the presumption of violence in sexual acts (equivalent of statutory rape) to 14 (Art.
225),[35] while sex with those younger than 12 was prosecuted by the state based on the legal definition of a child in the Code of Minors.
218) referring to consensual acts with adolescents aged 14–17 without parental consent, was abolished by Law 12.015/2009.
The crime was replaced with a new one under the same name but now applicable to sexual acts with minors below 14 and prosecutable by the state (Art. 225).
216-A) practiced in situations of hierarchical superiority or ascendency in a job, position or occupation is now punishable with a higher penalty if the victim is less than 18 years of age.
362) and is punishable by "imprisonment of any degree" (Spanish: presidio mayor en cualquiera de sus grados).
363), which defines such contact as illegal under certain conditions in which the offender is taking advantage: The sexual acts regulated by Art.
[42][43] In August 2018, the Constitutional Court again rejected that Article 365 of the Criminal Code was unconstitutional, in a 5-5 vote, validating for the second time in its history that the age of consent for gay men is 18, while for heterosexuals and lesbians is 14 years old.
[44] On August 2, 2022, the Senate approved a bill repealing Article 365 that, if enacted, would establish a universal age of consent set at 14, regardless of gender or sexual orientation.
117 and 140) allows female and male adolescents aged 14–17 to marry if written permission is obtained from their parents or guardians.
[citation needed] Statutory rape (estupro) law existed in the Criminal Code of 1980 (Art.
[53] Under the new Criminal Code, which came into force in 2014, the minimum age of consent in Ecuador is 14, regardless of gender or sexual orientation.
In the case of sexual penetration (Spanish: coito), the punishment is 3–12 years imprisonment (Paraguayan Penal Code, Art. 135).
[63][failed verification] Homosexual acts with minors aged 14–16 are punishable by a fine or up to 2 years in prison (Art. 138).
[62] There is also the crime of estupro, defined as "extramarital sex", practiced by a married person with female adolescents aged 14–16.
The age of consent in Peru has changed several times during recent years, and has been subject to political debates.
[64][65] As of December 2012, it was fixed at 14, regardless of gender or sexual orientation, in accordance with a decision of the Constitutional Court of Peru.
The threshold is raised to children under 16 years if the offender is a parent, guardian, teacher, or other person in a position of authority over the victim (Art. 375).
