Ages of Consent in South America - Bolivia

Bolivia

The age of consent in Bolivia is set at puberty regardless of gender and/or sexual orientation, according to Article 308 of the Bolivian Penal Code (PDF) (in Spanish), which says: “if the rape (violación) was to a minor who has not reached the age of puberty, the act will be punished with ten to twenty years of prison”. This article refers only to “carnal access” (acceso carnal), whereas article 312 covers all other “lascivious acts” (actos libidinosos) not characterized as “carnal access”, which are punished with one to three years of prison.

There is also a crime called estupro (article 309), which applies for consented relations obtained by the means of seduction or deceit, with a female adolescent, defined as a “woman who has reached puberty and is under 17”.

Both violación and estupro are aggravated (article 310) with an extra one third of the term when: (a) there is a serious health damage to the victim; (b) the offender is a parent, son or daughter, brother or sister, half-brother or half-sister, stepfather or stepmother, or is in charge of education or custody of the victim; (c) there are multiple offenders.

Finally, the crime of “corruption of minors” (article 318) is applicable to those manipulating a person under 17 into sexual acts, with a term of one to five years in prison, aggravated (article 319) to 1 to 6 years when (a) the victim is under 12; (b) the crime has the purpose of profit; (c) there was deceit, violence or any other means of harassment or coercion; (d) the victim is mentally ill or disabled; (e) the accused is a husband, parent, brother, legal guardian, teacher or chaperone of the victim.

Bolivia's MAS-controlled congress approved a law on October 22, 2010, which allows sexual relations from age 12 as long as the partners are no greater than three years apart in age, and there was no violence or intimidation involved. The specific language of this section of the new law — proposed by the president of the lower chamber, Héctor Arce, to reform the Penal Code with the intent of protecting children and adolescents from sexual aggression — is intended to exempt younger children from punishments intended for older persons having sexual relations with minors.