Age of consent in Mexico
From Wikipedia, the free encyclopedia
Each Mexican state sets the minimum age of consent for sex outside marriage by statute. These vary between 12 and 15. The federal government sets an age of 18, and there are statutory rape (estupro) laws that prohibit deception and often seduction in order to have sex with a minor over the minimum age of consent. For example, Sinaloa sets the minimum age at 12, but presumes that any sex between an adult and a minor under 16 is statutory rape; sex with a minor over 16 is also prosecutable, though usually only at the request of the minor or their legal guardians.
In Mexico, criminal legislation is shared between the federal and state governments. The federal law establishes the age of 15 as the minimum age of consent, while the age at which there are no restrictions for consensual sexual activities is 18 (sex with someone 15–17 is not illegal per se, but can still be open to prosecution under certain circumstances). Local state laws may override the federal law. In practice, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age. At state level, the minimum ages of consent vary between 12 and 15, while the age at which there are no restrictions for consensual sexual activities is 18.
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Estupro, or statutory rape, is a crime in all states. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 when the consent of the child is obtained by deceit or seduction. For instance the law of Aguascalientes formerly read: "El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño." (translation: Statutory rape consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender-neutral. However, traditional laws still exist in some states:[when?] for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: "Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit"). All states but Baja California have removed the requirement of "chastity" or "honesty" and the definition of estupro as applicable only to girls. The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to "deceit", omitting "seduction" (it reads: Al que tenga cópula con persona mayor de quince años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, translation: "Whoever copulates with a person over fifteen and under eighteen years old, obtaining his/her consent through deceit").[1][2]
