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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.The extent and nature of these restrictions or circumstances vary according to the country and are explained below in the proper section.In Argentina, the age at which there are no restrictions for sexual activities is 18.The crime of sexual harassment (Article 216-A of the present Penal Code) practiced in situations of hierarchical superiority or ascendency in a job, position or occupation is now punisheable with a higher penalty if the victim is younger than 18 years old (2nd Paragraph).In Chile, the age at which there are no restrictions for sexual activities is 18, while the minimum age of consent is 14. El que accediere carnalmente, por vía vaginal, anal, o bucal, a una persona menor de catorce años, será castigado con presidio mayor en cualquiera de sus grados, aunque no concurra circunstancia alguna de las enumeradas en el artículo anterior.Penalties are aggravated in three situations: , per Article 308 Bis, Violación Infantes, Niña, Niño y Adolescentes, which punishes rape (violacion) 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).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.
As an exception, the State could prosecute the offender when the minor was at any age below 18 but only when the family of the minor was so poor that they couldn’t afford a lawsuit (Penal Code, article 225, I) or when the offender was the father, mother, stepfather, stepmother or legal guardian of the minor (Penal Code, article 225, II).The Brazilian Imperial Code, in its Article 219, added by Notice 512 of 1862, established the age of 17 for the legal presumption of violence in sexual relations.The Penal Code of 1940 lowered the presumption of violence in sexual acts (equivalent of statutory rape) to 14 (Article 224, “a”, of the then Penal Code), but consensual sex with adolescents aged 14 to 17 could still be prosecuted under “corruption of minors” (Article 218) or “seduction of minors” (Article 217) while, in both cases, only parents could file charges to form a lawsuit (Article 225).The law makes no distinctions between sexual orientation cases.In any case, only individuals aged 18 or older can be legally charged, since this is the Brazilian age of criminal responsibility according to the Federal Constitution, Article 228.
The below is a list of all jurisdictions in South America as listed in List of sovereign states and dependent territories in South America.