Consent and age of consent
Age of consent 13, with the offence of estupro protecting adolescents under 16 from adults who exploit their immaturity; sexual abuse is defined by the absence of free consent (article 119 of the Código Penal), limitation for the abuse of minors does not run until the victim, as an adult, reports it, and comprehensive sexuality education (ESI) has been compulsory since 2006. For British nationals, UK law — age of consent 16 — also reaches sexual offences against children committed abroad.
Article 119 of the Código Penal (Penal Code) punishes the sexual abuse of a person 'under thirteen years of age, or where there is violence, threat, coercive or intimidating abuse of a relationship of dependence, authority or power, or where advantage is taken of the fact that the victim, for whatever reason, could not freely consent to the act', with six months to four years' imprisonment, four to ten years if the abuse is seriously degrading (gravemente ultrajante) and six to fifteen years with penetration (acceso carnal, that is rape), increased up to twenty years for abuse of authority, kinship or injuries; article 120 punishes estupro: penetration of a person under 16 (and over 13) taking advantage of his or her sexual immaturity, by reason of the perpetrator's adulthood or position of pre-eminence, with three to six years. Law 27.206 (2015) suspends the limitation period for sexual offences against minors until the victim, as an adult, reports the offence; Law 27.455 (2018) made these offences prosecutable by the State without the victim's complaint (acción pública). Law 26.150 (2006) makes comprehensive sexuality education (educación sexual integral, ESI) compulsory in all schools, with consent among its contents. Law 26.485 (2009) defines sexual violence against women, and Law 27.736 of 2023 — Argentina's 'Ley Olimpia' — treats the dissemination of intimate images without consent as digital violence. The minimum age of marriage is 18; at 16 and 17 with the parents' authorisation, and below that only with judicial authorisation.
Thirteen is one of the lowest ages of consent in the region and far below the 16 that applies throughout the UK, or the 17 that applies in Ireland, but it has to be read together with estupro, which protects adolescents up to 16 from adults who exploit their immaturity — the age gap and any relationship of power are decisive. Argentina's definition is consent-based: article 119 turns on the absence of free consent, not on force, and since 2020 the Supreme Court and the appeal courts have applied a free-consent standard with a gender perspective, rejecting any requirement that the victim resist. That is close in substance to English law, under which a person consents only if he or she agrees by choice and has the freedom and capacity to make that choice (Sexual Offences Act 2003, section 74); the penalties differ more — six to fifteen years for rape in Argentina, up to twenty when aggravated, against a maximum of life imprisonment in England and Wales.
British nationals are subject to Argentine law for acts in Argentina and can also be prosecuted in the UK for sexual offences against children committed abroad (Sexual Offences Act 2003, section 72): an adult British national who has sex with a 14- or 15-year-old in Argentina may commit no offence there if no immaturity is exploited, but commits one under UK law. British and Irish victims in Argentina have the same rights as Argentines (care in a public hospital under the protocol for victims of sexual violence, the Línea 137, free legal representation for victims of gender violence), and the British Embassy in Buenos Aires can provide consular support and lists of lawyers and of translators and interpreters, though it takes no part in criminal proceedings.
Key points
| Age of consent | 13 (article 119); estupro up to 16 where the perpetrator exploits the adolescent's immaturity |
|---|---|
| Definition | Sexual abuse where the victim 'could not freely consent'; rape (with penetration) 6 to 15 years |
| Estupro | Penetration of a person under 16 taking advantage of his or her immaturity, 3 to 6 years (article 120) |
| Limitation | Suspended until the adult victim reports (Law 27.206); offences against minors prosecuted without a complaint (Law 27.455) |
| Education | Comprehensive sexuality education (ESI) compulsory since 2006 (Law 26.150) |
| Digital violence | Law 27.736 (2023): dissemination of intimate images as violence against women |
| Marriage | 18; from 16 with the parents' authorisation, below that with judicial authorisation |
| British and Irish nationals | Age of consent 16 in the UK, 17 in Ireland; British nationals can be prosecuted in the UK for sexual offences against children committed abroad (Sexual Offences Act 2003, section 72) |
In practice
- Report at any police station, at the comisarías de la mujer y la familia (police stations for women and families), at the prosecutor's office (fiscalía) or before a judge; the Línea 137 (for victims of family and sexual violence) sends mobile teams in Buenos Aires and several provinces. A foreign victim reports with her or his passport.
- Go to a hospital within 72 hours: the protocol for victims of sexual violence includes emergency contraception, prophylaxis and, where appropriate, termination of pregnancy (Law 27.610); care does not depend on making a report.
- Relationships between adolescents aged 13 to 16 are not offences where there is no exploitation of immaturity; those of an adult with a child under 13 always are.
- An adult who was abused as a child can report at any time: the limitation period has not begun to run. For offences committed before 2015, the earlier rules apply, assessed case by case.
- The Línea 144 advises on gender violence 24 hours a day and the Programa Las Víctimas contra las Violencias (137) accompanies victims; a British victim can also turn to the British Embassy in Buenos Aires.
Cost and coverage
None to report; free legal representation for victims of gender violence (Law 27.210) and through the defensorías (public defenders' offices); care under the protocol in public hospitals. In the UK and Ireland, specialist support services such as Rape Crisis are free.
Recent changes
Law 27.736 (2023) introduced digital violence; ESI has been challenged by the government elected in 2023 without being repealed; since 2020 the courts have applied the free-consent standard with a gender perspective (rulings of the Supreme Court and the appeal courts).
Where to go
- Línea 137 (family and sexual violence) and Línea 144 (gender violence), 24 hours a day.
- Comisarías de la mujer y la familia; specialised prosecutors' offices; Programa Las Víctimas contra las Violencias (Ministry of Justice).
- Defensoría de Niñas, Niños y Adolescentes (the national children's ombudsman); Casa del Encuentro (women's rights organisation).
- British Embassy in Buenos Aires: consular support, lists of lawyers and of translators and interpreters; Irish citizens: Embassy of Ireland in Buenos Aires; Rape Crisis services in the UK and Ireland for support on return.
Worth knowing
The age of consent of 13 is one of the lowest in the region, but estupro protects adolescents up to 16 from adults who exploit their immaturity: the age gap and the relationship of power are decisive. Consent must be free: the courts have rejected any requirement that the victim resist. And a British adult is not protected by the Argentine threshold: sexual activity with a child under 16 in Argentina can be prosecuted in the UK.
Frequently asked questions
Is it legal in Argentina for an adult to have sex with a 14-year-old?
It is not automatically abuse, since the threshold is 13, but it is estupro (three to six years' imprisonment) as soon as the adult takes advantage of the minor's immaturity — which the courts almost always find where the age gap is significant. For a British national it is also an offence under UK law, which can be prosecuted in the UK even though it was committed in Argentina (Sexual Offences Act 2003, section 72).
I was sexually assaulted in Argentina — what should I do?
Go to a public hospital within 72 hours: the protocol covers treatment, emergency contraception, prophylaxis and the collection of evidence, without any obligation to report. Then report at a police station, a comisaría de la mujer or the fiscalía; in Buenos Aires, the Línea 137 sends a team to accompany you. The British Embassy can give consular support and lists of English-speaking lawyers and interpreters. You can also report to the police on your return to the UK, who can pass the information on to Argentina, but the investigation will be Argentine — reporting before you leave is far more effective.
Is childhood abuse time-barred in Argentina?
No: since Law 27.206 of 2015, limitation begins to run only from the report made by the victim as an adult. Facts before 2015 remain subject to the earlier rules, assessed case by case. In England and Wales, too, there is no time limit for prosecuting serious sexual offences.
What is ESI, and does it apply to bilingual schools?
Educación sexual integral, under Law 26.150 of 2006: compulsory teaching in all schools, public and private alike, from kindergarten onwards, bilingual schools included, covering the body, consent, diversity, contraception and the prevention of violence. The government elected in 2023 has criticised it without repealing it, and the provinces apply it unevenly. In England, relationships and sex education has been compulsory in secondary schools since 2020.
Sources
- Penal Code — articles 119 and 120 — official text
- Law 27.206 — suspension of limitation for sexual offences against minors — official text
- Línea 137 — Programa Las Víctimas contra las Violencias — Ministry of Justice
- British Embassy Buenos Aires — consular assistance
The general article: Consent and age of consent · Compare with another country
Domestic violence
Law 26.485 of 2009 on comprehensive protection to prevent, punish and eradicate violence against women (ley de protección integral) defines the forms of violence — physical, psychological, sexual, economic, symbolic and political — and the settings in which they occur (modalidades), and organises the urgent preventive measures (medidas preventivas urgentes) that any judge must order at the victim's request, without a lawyer: exclusion of the aggressor from the home (exclusión del hogar), a ban on approaching the victim (prohibición de acercamiento), the return of belongings and interim maintenance (cuota alimentaria provisional). The measures are requested from a civil, family or peace court (juzgado civil, de familia or de paz), are generally ordered within 48 hours and do not depend on any criminal complaint; in Buenos Aires the Supreme Court's Oficina de Violencia Doméstica (domestic violence office, OVD) takes statements 24 hours a day and passes them to the judge. Law 26.791 of 2012 added femicide to the Código Penal (Penal Code, article 80, paragraph 11), punished with life imprisonment. Law 27.499 (Ley Micaela) makes training on gender and violence against women compulsory for public officials, and Law 27.452 (Ley Brisa) grants financial reparation, paid by ANSES (the social security administration), to the children of femicide victims. Several provinces fit aggressors with dual electronic ankle bracelets and give victims a panic button; about 250 femicides are recorded each year, and the Línea 144 receives more than 100,000 calls.
The Ni Una Menos movement, born in Buenos Aires in June 2015, made Argentina the reference country in Latin America on violence against women: a comprehensive law, a national helpline, femicide as a crime in its own right, compulsory training for judges and police officers. British and Irish residents will recognise the tools — a 24-hour helpline like the National Domestic Abuse Helpline, orders that exclude the abuser from the home and ban contact like non-molestation and occupation orders in England and Wales or safety and barring orders in Ireland — and, in Law 26.485, a definition that, like the Domestic Abuse Act 2021 in England and Wales, includes economic abuse. The Argentine procedure is fast and simple: the protection measures are asked for directly from a judge, without a lawyer and without a criminal complaint, and obtained within 48 hours in most cases. Since 2024, however, the dissolution of the Ministry of Women and cuts to national programmes have left more of the support to the provinces.
A British or Irish woman — resident, visitor or Anglo-Argentine — who suffers violence in Argentina has access to all of this without any condition of nationality: the Línea 144, the police, the courts and the free lawyers of the Cuerpo de Abogadas y Abogados para Víctimas de Violencia de Género, with her passport as identification. The British Embassy in Buenos Aires can provide consular support — lists of English-speaking lawyers and interpreters, contact with the family and with UK support services, emergency travel documents — but cannot intervene in the proceedings; Irish citizens turn to the Embassy of Ireland in Buenos Aires. A woman whose residence (radicación) rests on her relationship with an Argentine should raise the question with her lawyer or with the Dirección Nacional de Migraciones (the national immigration office), but her safety comes first. The real trap concerns the children: a child cannot leave Argentina with one parent alone without the other's authorisation or a court's, and Argentina, the UK and Ireland are all bound by the 1980 Hague Convention on child abduction — a mother who takes the children home without that authorisation would normally see them ordered back.
Key points
| Telephone | Línea 144 (24 hours, nationwide, also on WhatsApp 11 2771 6463); 911 in an emergency; 137 in the City of Buenos Aires (mobile team, Brigada Móvil) |
|---|---|
| Protection measures | Before a civil, family or peace court, without a lawyer: exclusion from the home, ban on approaching, return of belongings, maintenance; generally ordered within 48 hours |
| Complaint | Comisarías de la mujer (police stations for women), the Supreme Court's Oficina de Violencia Doméstica (Buenos Aires, 24 hours), prosecutors' offices (fiscalías), courts |
| Femicide | Life imprisonment (article 80, paragraph 11, of the Código Penal, since Law 26.791 of 2012) |
| Devices | Dual electronic ankle bracelets for aggressors in several provinces; panic button |
| Figures | About 250 femicides a year; more than 100,000 calls to the Línea 144 |
| British and Irish women | Same rights, with no nationality condition; consular support from the British Embassy or the Embassy of Ireland; 1980 Hague Convention for children; Argentine orders not automatically recognised in the UK or Ireland |
In practice
- In danger: 911; the police can intervene and bring the aggressor before the courts.
- Call the Línea 144 for guidance and referral to the services of each province, without having to report; if your Spanish is limited, a friend can call with you.
- Ask for the protection measures directly at the court (in Buenos Aires, the Supreme Court's Oficina de Violencia Doméstica, Lavalle 1250, takes statements 24 hours a day and passes them to the judge): exclusion from the home and the ban on approaching are ordered within days, and a passport is enough as identification.
- The criminal complaint is independent of the civil measures; free legal representation is available from the defensorías (public defenders' offices) and the Cuerpo de Abogadas y Abogados para Víctimas de Violencia de Género (lawyers for victims of gender violence).
- Do not leave Argentina with the children without the other parent's authorisation or a court order: ask the judge for interim arrangements for the children as part of the protection measures, then for permission to move abroad. The British Embassy can help with emergency travel documents and with contact with UK refuges (Refuge, Women's Aid); Irish citizens contact the Embassy of Ireland.
Cost and coverage
The Línea 144, protection measures, legal representation and support are free; the Acompañar programme gives six months' financial aid to victims at risk (scaled back since 2024), and the children of femicide victims are entitled to the Ley Brisa reparation from ANSES. Consular support is free, but an emergency travel document is charged.
Recent changes
Javier Milei's government dissolved the Ministry of Women in 2024 and cut programmes (Acompañar; the Línea 144 kept with fewer staff); the laws remain in force, and several provinces have strengthened their own services.
Where to go
- Línea 144 (24 hours) and 911; 137 in the City of Buenos Aires.
- Oficina de Violencia Doméstica of the Supreme Court (Lavalle 1250, Buenos Aires, 24 hours) and provincial offices; comisarías de la mujer y la familia in each province.
- Cuerpo de Abogadas y Abogados para Víctimas de Violencia de Género and the defensorías: free legal representation.
- British Embassy in Buenos Aires: consular support, lists of lawyers and interpreters; Irish citizens: Embassy of Ireland in Buenos Aires; in the UK, the National Domestic Abuse Helpline 0808 2000 247; in Ireland, Women's Aid.
Worth knowing
Protection measures can be requested without a lawyer and without a criminal complaint, before any judge: it is the fastest way to get the aggressor out of the home. Keep the order and always carry it with you; the police enforce it. And do not leave the country with the children without the other parent's agreement or a judge's decision: under the 1980 Hague Convention, a court in the UK or Ireland would normally order their return, even in a case of violence.
Frequently asked questions
I am British and my Argentine partner is violent — what should I do first?
In immediate danger, call 911. Otherwise the Línea 144 (24 hours, also on WhatsApp) refers you to the service in your province; in Buenos Aires the Supreme Court's Oficina de Violencia Doméstica receives you at any hour and passes your statement to the judge, who orders the aggressor's exclusion from the home and a ban on approaching within days, without a lawyer. Your nationality does not matter. The British Embassy can give you lists of English-speaking lawyers and interpreters and put you in touch with UK services, but cannot intervene in the case.
Can I go back to the UK with my children?
Alone, yes, at any time. With the children, only with the other parent's written authorisation or a decision of the Argentine judge allowing the move: a child cannot leave Argentina with one parent alone without it, and the UK and Ireland, like Argentina, are bound by the 1980 Hague Convention, so a court there would normally order the children's return. The Argentine judge can authorise a move to the UK where the violence is established; the protection measures and the criminal complaint are the first pieces of evidence. In England and Wales, the International Child Abduction and Contact Unit (ICACU) advises parents on the Convention.
Is an Argentine protection order valid in the UK or Ireland?
Not directly: there is no automatic recognition between Argentina and the UK or Ireland. A victim who settles in England or Wales applies to the Family Court for a non-molestation order (Family Law Act 1996), producing the Argentine order, police reports and medical certificates, translated, as evidence; it is usually granted quickly, without notice if there is a risk. In Ireland the equivalents are safety and barring orders from the District Court. Conversely, a UK or Irish order serves in Argentina as evidence for a measure under Law 26.485, which the judge orders within 48 hours.
Sources
- Law 26.485 — comprehensive protection of women — official text
- Línea 144 — Ministry of Justice — official information
- Oficina de Violencia Doméstica — Supreme Court — statements taken 24 hours a day
- GOV.UK — support for British nationals: victims of crime abroad — consular support
The general article: Domestic violence · Compare with another country
General sources
- argentina.gob.ar — official portal of the Argentine state: procedures, civil registry, migration, health, justice
- Normativa nacional (InfoLeg) — official texts of Argentine laws and decrees
- British Embassy Buenos Aires — gov.uk — consular help, notarial and documentary services for British nationals in Argentina