Exploring Bolivia's Age Of Consent Laws

The age of consent in Bolivia is 14 years old. This means that individuals who are 13 years old or younger are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. Bolivia's statutory rape law is violated when an individual has consensual sexual contact with a person under the age of 14. This is a complex issue, as Bolivia does not have a close-in-age exemption, which can create legal complications for minors.

Bolivia has the highest rate of sexual violence in Latin America and some of the lowest reporting rates for these crimes. Consent is not defined in the Bolivian penal code, and survivors must prove intimidation, physical violence, or psychological violence to be considered eligible for justice. This poses a significant challenge for survivors, as they already face barriers in accessing justice.

The age of consent in Bolivia is 14

Bolivia's statutory rape law is violated when an individual has consensual sexual contact with a person under the age of 14. There is a close-in-age exemption of three years for adolescents aged 12 and older. However, Bolivia does not have a "Romeo and Juliet" law or close-in-age exemption. This means that it is possible for two individuals who are under the age of 14 and willingly engage in intercourse to be prosecuted for statutory rape, although this is rare.

In Bolivia, there is a crime of "having carnal access" to a person by means of seduction or deceit. When the survivor is between 14 and 18 years of age, this crime is known as estupro and is often used to allow rapists to evade justice. The punishment for estupro is significantly lower than that of rape, ranging from three to six years' imprisonment.

Bolivia has the highest rate of sexual violence in Latin America and some of the lowest reporting rates for these crimes. Consent is not defined in the Bolivian penal code, and survivors must prove "intimidation, physical violence, or psychological violence". These barriers often discourage survivors from seeking justice.

There is no close-in-age exemption

In Bolivia, the age of consent is 14 years old. This means that individuals under the age of 14 are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law.

Bolivia's statutory rape law is violated when an individual has consensual sexual contact with a person under the age of 14. Notably, Bolivia does not have a close-in-age exemption, which is commonly referred to as "Romeo and Juliet laws" in the United States. These laws are designed to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.

The absence of a close-in-age exemption in Bolivia means that it is possible for two individuals who are both under the age of 14 to be prosecuted for statutory rape if they willingly engage in intercourse. This situation is rare but legally possible. Additionally, there are no protections in place for sexual relations where one participant is 13 years old and the other is 14 or 15 years old.

The lack of a close-in-age exemption in Bolivia has important implications for minors engaging in sexual activity. It highlights that Bolivia takes a stringent approach to enforcing its age of consent laws, even in cases where both participants are close in age. This approach aims to protect minors from sexual exploitation and abuse, but it also means that minors need to be aware of the legal consequences of their actions.

It is worth noting that Bolivia has one of the highest rates of sexual violence in Latin America, and the reporting rates for these crimes are low. The cultural portrayal of adolescent girls as treacherous, seductive, and manipulative contributes to this issue. Additionally, consent is not explicitly defined in the Bolivian penal code, making it challenging for survivors of sexual violence to seek justice.

Bolivia has the highest rate of sexual violence in Latin America

Bolivia has set the age of consent at 14 years old, as per Art. 308 Bis, "Rape of Boys, Girls and Adolescents", which punishes the rape of children under 14, even if consent is alleged. However, Bolivia has the highest rate of sexual violence in Latin America, with one in three women experiencing some form of sexual abuse before the age of 18. The country also has the highest adolescent pregnancy rate in Latin America and the second-highest in Latin America and the Caribbean.

Sexual violence against children is especially common in Bolivia, with girls at high risk of being sexually assaulted within their own family. The country's culture of machismo, inadequate legislation, lack of law enforcement, and the judicial system's handling of cases all contribute to the persistence of such violence. Victims face many obstacles to obtaining justice, including having to prove "intimidation, physical violence, or psychological violence", which discourages them from seeking justice.

The Munasim Kullakita Foundation, a nonprofit group that supports victims of sexual violence and human trafficking in El Alto, Bolivia's second-largest city, has witnessed a sharp rise in the sexual exploitation of girls. They estimate that at least 250 girls aged 11-17 are subjected to commercial sexual exploitation in the city, and this figure does not include younger girls who have been trafficked. Bolivia is becoming a hub for sexual predators, and there is a growing social acceptance of legal sex work, making it challenging to address this issue.

The Bolivian government's inaction on the sexual exploitation of children and the low priority given to gender violence contribute to the country's high rate of sexual violence. There is a pervasive idea attached to patriarchy that women have no value, and this mindset is evident not only in Bolivia and Latin America but also globally, including in the United States.

Consent is not defined in the Bolivian penal code

The age of consent in Bolivia is 14 years old. However, the Bolivian penal code does not define consent. This means that survivors of sexual violence must prove "intimidation, physical violence, or psychological violence" to obtain justice. This poses a significant challenge for survivors, as they already face barriers in accessing justice.

The lack of a clear definition of consent in the Bolivian penal code has serious implications for the prosecution of sexual crimes. It allows for loopholes in the system, giving perpetrators an unfair advantage. For example, the crime of "estupro," or "having carnal access" to a person by means of seduction or deceit, is often used to let rapists evade justice. The punishment for estupro is also much lower than that for rape, ranging from three to six years' imprisonment.

The absence of a consent definition also reflects a broader issue of sexual violence in Bolivia. The country has the highest rate of sexual violence in Latin America, yet it has low reporting rates for these crimes. This suggests that many cases go unreported or unaddressed. Additionally, Bolivian culture often portrays adolescent girls as treacherous, seductive, and manipulative, which can further discourage survivors from coming forward.

To address these issues, organizations like Equality Now are advocating for legal reforms. They are working to repeal the estupro law and establish a clear definition of sexual consent. They also aim to remove the requirement for survivors to prove physical or psychological violence or intimidation to prosecute rape cases. These efforts are crucial to ensuring that survivors of sexual violence can access justice and that perpetrators are held accountable.

Moreover, the lack of a defined consent age in the Bolivian penal code is concerning given the prevalence of adolescent pregnancy in the country. Bolivia has one of the highest adolescent pregnancy rates in Latin America, and young girls often face challenges in accessing abortion services. By establishing a clear consent age and addressing the issue of sexual violence, Bolivia can better protect the rights and well-being of its adolescent population.

The Bolivian Family Code allows marriage from the age of 14 with parental approval

The age of consent in Bolivia is 14 years old. This means that individuals below the age of 14 are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape or the equivalent local law. Bolivia's statutory rape law is violated when an individual has consensual sexual contact with a person under the age of 14.

The Bolivian Family Code (Art. 44 and 53) allows marriage from the age of 14 with parental approval. Specifically, the code stipulates that males must be 16 years or older, and females must be 14 years or older, with parental approval for marriage. This code also grants judicial discretion in the case of a dispute.

While the age of consent in Bolivia is 14, there is no "close-in-age" exemption in the country. Close-in-age exemptions, commonly known as "Romeo and Juliet" laws, are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. In Bolivia, it is possible for two individuals below the age of 14 who willingly engage in intercourse to be prosecuted for statutory rape, although this is rare.

Bolivia has the highest rate of sexual violence in Latin America and some of the lowest reporting rates for these crimes. Consent is not defined in the Bolivian penal code, and survivors of sexual violence must prove "intimidation, physical violence, or psychological violence" to seek justice. This poses significant barriers for survivors, with judges also having discretion over applying the law of "estupro", which imposes lesser penalties for perpetrators who rape 14- to 18-year-olds compared to children or adult women.

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