Ages of Consent in South America - Argentina

Argentina

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 and/or sexual orientation.

Sexual acts with children younger than 13 are strictly illegal. Sexual relations with teens 13-18 are addressed by several laws. 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, if the minor was "corrupted").

Restrictions apply for sex with adolescents between the ages of 13 and 16 (Argentine Penal Code, Article 120). Charges can be brought only after a complaint by the minor, their parent or guardian - (Argentine Penal Code Article 72) (however, the State prosecutes when the minor has no parent or legal guardian, or when the offender is one of them).

The restrictions mentioned above (for ages between 13 and 16) apply whenever someone over 18, taking advantage of the sexual immaturity of the minor or of his superiority (preeminencia) with respect to the minor, practices one of the following acts:

• creates an abusive situation of sexual submission severely "outrageous" to the minor, either continuously or for its circumstances (Article 120 combined with Article 119, 2nd paragraph);

• or when any type of sex (acceso carnal) is obtained by the means of violence, threat, abusive coercion, or harassment in a relationship of dependence, authority or power, or by taking advantage of the fact that the minor, for any reason, couldn’t freely give consent -

(Arg. Penal Code, Article 120 combined with Article 119, 1st and 3rd paragraphs).

There is also a further Argentine law, 'Corruption of minors', which can bring charges to those manipulating minors below the age of 18 into having sexual relations - (Argentine Penal Code Article 125 - in Spanish).

Article 125 reads:

ARTICULO 125. - El que promoviere o facilitare la corrupción de menores de dieciocho años, aunque mediare el consentimiento de la víctima será reprimido con reclusión o prisión de tres a diez años.

Approximate translation: ARTICLE 125. - 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.

Penalties are aggravated in three situations:

• (a) if the minor is under 13;
• (b) when sex is obtained by the means of deceit, violence, threat, abuse of authority or by any other means of intimidation or coercion, as well as when the offender is a parent or legal guardian, brother/sister, spouse, or someone who is a constant companion or who is responsible for educating or guarding the minor; or
• (c) when the offender takes advantage of being a previous companion to the minor, in order to violate any of the restrictions aforementioned for ages between 13 and 16 (Argentine Penal Code - Article 119, 4th paragraph, section “f” - in Spanish).