27th Ноябрь 2024

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

The Guide for Legislating on Sexual Violence with a Consent-Based Approach, a publication by Equality Now and ParlAméricas, highlights the need to align legal definitions of sexual violence with international standards by centring on the lack of voluntary and free consent, rather than force or resistance, and by eliminating other discriminatory provisions. It underscores how outdated, force-based laws perpetuate harmful myths, deter reporting, and fail to protect survivors, particularly in cases involving power imbalances and/or vulnerability.

What’s inside the guide?

The guide provides detailed analysis and in-depth legislative guidance and recommendations, including adding consent as the central element of the definition of crimes of sexual violence, recognising contexts and coercive circumstances where consent can neither be freely given nor inferred, including situations of power imbalance, dependency, or vulnerability. It calls for the elimination of estupro laws or similar provisions that trivialise the rape of adolescents, as well as the abolition of marital rape exemptions and the removal of statutes of limitations for sexual violence crimes. The brief also highlights the importance of close-in-age provisions to prevent the criminalisation of consensual, non-exploitative sexual activity between adolescent peers and advocates for trauma-informed approaches within justice systems to provide better support for survivors.

It is based on Equality Now’s fact sheet Consent-Based Rape Definitions (2021) and its publication Failure to Protect: How Discriminatory Sexual Violence Laws and Practices are Hurting Women, Girls, and Adolescents in the Americas (2021), which includes an Annex of applicable laws on sexual violence in the Americas and Caribbean region.

Who’s it for?

  • All legislators, including those who are part of ParlAmericas, including representatives from North America and the Caribbean.
  • Advisors to the parliamentarians.
  • The technical teams of the gender technical units of each legislative assembly.

Key recommendations

  • Base legal definitions of rape and sexual violence on the absence of voluntary and free consent, rather than on force or resistance.
  • Ensure that rape definitions cover all forms of unwanted penetration of a sexual nature, regardless of the object or body part used.
  • Recognise contexts and coercive circumstances where consent can neither be freely given nor inferred, including situations of power imbalance, dependency, or vulnerability.
  • Eliminate estupro or similar provisions that trivialise the rape of adolescents.
  • Ensure laws address exploitation in relationships with power imbalances, such as teacher-student or employer-employee dynamics.
  • Ensure penalties for sexual violence reflect the gravity of the acts.
  • Include survivors and civil society in the design of policies and practices to address rape.

Explore more resources

1

2

3

Sonora, Mexico: Recommendations to reform the Penal Code on consent

A legal brief with recommendations to reform the Penal Code in Sonora, Mexico, aligning it with international standards on consent and strengthening protection for girls and adolescents.

Strengthening legal safeguards to end child marriage in Lebanon

Equality Now’s policy brief on child marriage in Lebanon highlights legal fragmentation, reform barriers and recommendations to establish a unified minimum age of marriage and strengthen protections for girls.

Advancing legal protection against child marriage in Jordan

This policy brief outlines current legal gaps, emerging trends, and opportunities for reform to strengthen child protection systems and ensure alignment with international human rights obligations.

Newsletter Sign-up

Make a donation

I want to donate