This technical analysis examines legal gaps in Guatemala’s Penal Code concerning the age of sexual consent and the definition of rape. It proposes reforms to centre the crime of rape around the lack of consent and to include a Romeo and Juliet clause preventing the criminalisation of consensual relationships between adolescents. The publication builds on Equality Now’s regional work advancing consent-based sexual violence reforms and improving access to justice in Latin America and the Caribbean.

What’s inside the brief?

The brief includes:

An overview of Guatemala’s obligations under international human rights treaties such as CEDAW and the Belém do Pará Convention.
Analysis of the legal gap created by the repeal of the crime of “estupro” and its effects on adolescent protection.
Two concrete proposals: (1) maintaining the age of consent at 14 while defining rape around lack of consent, or (2) raising the age to 18 while adding a Romeo and Juliet clause.
Comparative experiences from other jurisdictions that have legislated similar exceptions (Bolivia, Canada, Puerto Rico, Uruguay).

Who’s it for?

This report is primarily intended for:

Legislators and parliamentary advisors involved in reviewing or drafting reforms to Guatemala’s Penal Code related to sexual violence and consent.
Civil society organisations engaged in direct advocacy with Congress to ensure that legal reforms uphold international human rights standards and protect the rights of adolescents.

It is also relevant for:

Government officials and policymakers responsible for implementing gender and child protection frameworks.
Journalists, academics, and researchers covering legal and social issues related to gender-based violence in Latin America and the Caribbean.

Key recommendations

Centre the definition of rape on lack of consent, in line with international standards.
Maintain or raise the legal age of sexual consent based on protection and evolving autonomy.
Introduce a Romeo and Juliet clause to avoid criminalising consensual peer relationships.
Complement legal reform with public policies on comprehensive sexuality education, access to health services, and training for justice and health personnel.
Ensure all reforms uphold the best interests of children and adolescents.

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24 September 2025

38 pages

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Legal analysis on the age of sexual consent, the crime of rape, and the Romeo and Juliet clause in Guatemala

What’s inside the brief?

Who’s it for?

Key recommendations

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Explore more resources

Access to justice without discrimination in Colombia

Legislating on sexual violence with a consent-based approach in Latin America and the Caribbean

Failure to protect: How discriminatory sexual violence laws and practices are hurting women, girls and adolescents in the Americas

Legal analysis on the age of sexual consent, the crime of rape, and the Romeo and Juliet clause in Guatemala

What’s inside the brief?

Who’s it for?

Key recommendations

About

Languages

Classification

More information

Explore more resources

Access to justice without discrimination in Colombia

Legislating on sexual violence with a consent-based approach in Latin America and the Caribbean

Failure to protect: How discriminatory sexual violence laws and practices are hurting women, girls and adolescents in the Americas

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