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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).Sex with young adolescents aged 12 or 13, although under the age of statutory rape, were then also prosecuteable only by parents (Article 225) (see old version of the 1940 Penal Code here – in Portuguese), while sex with those younger than 12 was prosecuted by the State based on the legal definition of child (Article 2nd of the Code of Minors).The prostitution of minors (all ages under 18) is punished by law and is prosecuted by the State, 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.The law makes no distinctions between sexual orientation cases.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.Limitations exist between 14 and 18 years old (Art. Even when not clearly stated in Article 362, later on, in Article 365, homosexual activity is declared illegal with anyone under 18 years old. Translation: Whoever has carnal access, by vaginal, anal or oral route, to a person under fourteen years, shall be punished by imprisonment of any degree, if circumstances listed in the previous article are not also present.
Restrictions apply for sex with adolescents between the ages of 13 and 16 (Argentine Penal Code, Article 120).The estupro legislation (Article 363) defines four situations in which sex with such a children can be declared illegal even if the minor consented to the relationship (non-consensual sex with anyone older than 14 y.o.falls under the rape legislation, Article 361; while any sexual contact with anyone under 14 y.o.Penal Code, Article 120 combined with Article 119, 1st and 3rd paragraphs).There is also a further Argentine law, 'Corruption of minors', which can bring charges to those manipulating minors below the age of 18 into having sexual relations - (Argentine Penal Code Article 125 - in Spanish). - El que promoviere o facilitare la corrupción de menores de dieciocho años, aunque mediare el consentimiento de la víctima será reprimido con reclusión o prisión de tres a diez años. - Anyone who promotes or facilitates the corruption of persons under eighteen, even with the consent of the victim shall be punished with seclusion or imprisonment of three to ten years.