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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/her superiority (preeminencia) with respect to the minor, practices one of the following acts: (Arg.
The below is a list of all jurisdictions in South America as listed in List of sovereign states and dependent territories in South America.
In South America, many countries have different levels of protection or of restriction for sexual activities with minors.
In August 2009, the crime of corruption of minors (former Article 218 of the Penal Code) referring to consensual acts with adolescents aged 14 to 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, however prosecuteable no longer by legal guardians but by the State (according to the new Article 225 of the Penal Code).
Below is a discussion of the various laws dealing with this subject.
There is a close in age exemption of three years for adolescents of ages 12 and older, "Consensual relations between adolescents over twelve years of age are exempt from this sanction, provided there is no age difference greater than three (3) years" (Quedan exentas de esta sanción las relaciones consensuadas entre adolescentes mayores de doce años, siempre que no exista diferencia de edad mayor de tres (3) años). 309), which is applied by carnal access, through seduction or deceit, with adolescents between ages of 14 and 18 years old (mediante seducción o engaño, tuviera acceso carnal con persona de uno u otro sexo. 53) allows marriage if the male is 16 years or older and if the female is 14 years or older with parental approval; in case there is a dispute, the judge will decide.
The age at which there are no restrictions indicates the moment when someone reaches full sexual autonomy with respect to the law, while the minimum age of consent shows the minimum age at which someone can legally give consent, however under certain restrictions or circumstances.
Sexual acts with someone under this minimum age are legally classified as sexual abuse.
In March 2005, the crime of seduction of minors (Article 217 of the then Penal Code) was abolished by the Brazilian Congress.
It was applicable only when the victim was a virgin woman between 14 and 18.