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Posted by / 02-Jan-2018 10:58

Other variables, for example close-in-age exemptions, may exist and are noted when relevant.

In South America, the only country where male same-sex sexual conduct is illegal is Guyana, and the only countries with a higher age of consent for same-sex sexual relations than opposite-sex ones are Chile and Paraguay.

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). In Brazil, the age of consent is 14, regardless of gender or sexual orientation, with a judicial precedent showing that a close-in-age exception that allows those aged 12 and 13 to engage in sexual activity with partners who are 5 years older or less is legal, although not legally formalized.

is equivalent to statutory rape and is legally defined by Article 217-A of the Brazilian Penal Code (see text here in Portuguese) as the "rape of a vulnerable person", with a penalty of 8 to 15 years in prison., according to the Code of Minors (Article 244-A), as well as according to the Penal Code, Articles 218-B, 227, 230, 231 and 231-A.

falls under the statutory rape legislation, Article 362.): The sexual acts regulated by Articles 361 (rape), 362 (statutory rape), 363 (estupro) and 365 (homosexual sex) are defined as "carnal access" (acceso carnal), which means either oral, anal or vaginal intercourse.

Below is a discussion of the various laws dealing with this subject.

The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.

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.

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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).

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