Sexual acts with children under the age of 13 are illegal. Sexual relations with adolescents between the ages of 13 and 18 are governed by several laws. None of these laws explicitly prohibit such relationships, but make them punishable in certain circumstances (for example, if the relationship is considered exploitative or if the minor has been “corrupted”). According to Chapter 6 of the Swedish Criminal Code, the age of consent in Sweden is 15 years and increases to 18 years if the potential offender is a parent or holds another position of power or trust over the minor (teacher, clergyman, foster parents, coaches, etc.). Sweden has an age limit law that can exempt those who have sexual contact with a partner under the age of 15, but who are not themselves more than three years older than that partner. Unusually, the Age of Consent Act applies in Sweden even if the sexual act in question took place outside Sweden, but the perpetrator subsequently travelled to Sweden. Approximate translation: ARTICLE 125. Anyone who encourages or facilitates the corruption of persons under the age of eighteen, even with the consent of the victim, shall be punished by solitary confinement or imprisonment for three to ten years. The age of consent in Italy is 14 years and increases to 16 years if one participant occupies a position of authority or influence over the other (teacher, clergyman, etc.). In addition, it is illegal to engage in sexual acts if a person under the age of 14 is present to observe them, even if the minor does not participate. Sexual activity with a prostitute under the age of 18 is illegal in Italy.
In addition, Italy has an age limit rule that allows 13-year-olds to legally consent to partners under three years older (or less). In 1810, the age of consent for opposite-sex activities was 12. In 1999, the age of consent for girls and boys for heterosexual intercourse was set at 14. [37] Homosexual acts were decriminalized in 1999 with an age of consent of 18. [38] In 2011, Chile`s Constitutional Court confirmed that the age of consent for heterosexual (girls and boys) and lesbian (woman-girl) relations is 14, but 18 for male same-sex relations. [39] [40] In August 2018, the Constitutional Court again rejected by 5 votes to 5 that Article 365 of the Criminal Code was unconstitutional, confirming for the second time in its history that the age of consent for homosexuals is 18, while for heterosexuals and lesbians is 14. [41] In South America, there are various restrictions on sexual activity with minors. The age at which there are no restrictions confers full sexual autonomy from the law.
The minimum age for consent is the age at which an individual can legally give consent, which may include certain restrictions. Sexual acts with a person under the minimum age are legally considered sexual abuse. The age of consent in Peru has changed several times in recent years and has been the subject of political debate. [61] [62] In December 2012, according to a ruling by the Peruvian Constitutional Court, it was set at 14, regardless of gender or sexual orientation. [63] Articles 173 and 176-A of the Penal Code prohibit sexual acts with children under the age of 14. [64] Consensual sexual acts with adolescents between the ages of 14 and 17 are not illegal, although it is prohibited to gain access to a minor under the age of 18 by deceiving him or her (art. 175). [64] Peru`s rape law is violated when a person has consensual sexual contact with a person under the age of 14, regardless of their sexual orientation or gender. It is illegal for an adult to use a teenager`s deception, abuse of power or vulnerability to gain access to a minor under the age of 18. In South America, Guyana is the only country where homosexual male sexual behavior is illegal. The only countries where the age of consent for same-sex sexual relations is higher than the opposing countries are Paraguay and Suriname.
Uruguay also has a law on corruption of minors, which can file complaints against those who manipulate minors under the age of 18 to have sexual relations (art. 274). [66] However, from the age of 15, an action may only be brought by a minor or his or her parents, unless the minor has no parents or legal guardian or is directed against a parent or guardian (s. 279). [67] A 16- or 17-year-old cannot consent to sexual activity if: The age of consent to sexual activity refers to an age at which a person can have unhindered sexual intercourse with another person of the same age or older. This age varies depending on the jurisdiction in South America and is codified in laws that may also determine the specific activities allowed or the gender of participants for different age groups. Other variables may be present, such as age-related exceptions. There are restrictions on sexual relations with adolescents between the ages of 13 and 16 (Argentine Penal Code, art. 120). Charges may be instituted only after a complaint by the minor, his parents or guardian (article 72 of the Argentine Penal Code) (however, the State initiates proceedings if the minor does not have a parent or legal guardian or if the offender is one of them). Sexual acts with adolescents between the ages of 14 and 17 may be prosecuted under the Estupro Act (art. 167) in certain circumstances, such as when an adult uses fraud (Spanish: engaño) to obtain consent.
[51] If consent is obtained by means of exploitation, the offender may be prosecuted under the Children and Youth Act, 2003. Art. Article 68 of the Code extended the definition of sexual abuse of minors to any physical contact or suggestion of a sexual nature obtained through seduction, blackmail, harassment, deception, threats or similar means. [52] Sexual relations with young adolescents between the ages of 12 and 13, although below the legal age of rape, were then punishable only by parents (art. 225),[33] while sexual relations with persons under the age of 12 were prosecuted by the state on the basis of the legal definition of a child in the Juvenile Code. [34] Although the legal age of sexual consent is 16, it is not effectively enforced. [ref. The Marriage Act sets the age of guardianship at 15 for girls and 17 for boys, provided that the parents of the parties consent to the marriage.