The legal framework
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.
Official sources and links
- 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
- 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