Age of Consent in Mexico

by Featured Guest on February 8, 2012

By Anonymous Age 69

At least a few men here are considering expatting. You can encounter many cultural differences in a non-English speaking nation. Differences in laws, and in mores. Mores are cultural rules that are usually not part of the nations laws, but can get you in deep trouble if you violate them.

I am going to write here about the laws on age of consent in Mexico, because that is the only foreign nation whose AOC laws I know. I realize some poorly informed men believe only a pervert would even investigate age of consent laws. Not so. There are under age girls who look like adults. Some years ago, in the US, I knew two girls who everyone admitted looked as if they were 25 years old. They used to get asked for dates by adult men. One was Hispanic; the other was 3rd or 4th generation Scandinavian. They were 12 years old.

If adult men can confuse 12 year olds for adult women in the USA, how easy will it be in a nation where people have a different ethnic appearance to confuse a 17 year old for an adult woman. Beware.

In November, news from the city of Puebla was reported, perhaps world wide. A 10 year old girl gave birth. Of course, there were comments on the news articles, trashing the nation of Mexico, and all men.

Anyway, one US female hack writer reported the age of consent in Mexico is 12. I live in that same state, I have the criminal codes, and while consent is complicated, it would best be described, simply, as age of consent at age 18, not age 12, but depending upon her family’s wishes. But, let me explain in detail the laws of my state.

If you have sex with a girl below her 12th birthday, this is a criminal offense of the same nature as forcible rape or forced prostitution, and you can be sentenced up to 40 years in prison. But, the important issue is, the cops or prosecutors can press charges, without regard to what the girl or her family think, just as they can in the US. This is the same concept as statutory rape in the US. If you did it, you are going to prison and no defense exists.

And, when I say 12th birthday, that is the general rule where the ability to press charges changes to the family. In at least one state, it is at menarche. So, if she is shown to be menstruating at age 8, the cops are out of the picture, in that state. Unless there has been a recent change.

From her 12th birthday to her 18th birthday, it is only a criminal offense if ‘estupro’ is involved. Not being a Mexican attorney, I would translate estupro as ‘dirty tricks’. fraud; lies; false promises of marriage; or something like that. Such that afterwards she realizes you were using her in an unacceptable manner.

But, here is the big difference, and probably why the stupid female hack writer (i.e. – ‘journalist’) thought 12 was the age of consent.

AFTER THE 12TH BIRTHDAY, ONLY THE GIRL OR HER PARENTS OR GUARDIANS OR REPRESENTATIVE CAN PRESS CHARGES OF WHAT WE CALL STATUTORY RAPE. If the ‘family’ does not press charges, nothing happens to the man/boy. Period.

There is also a break-down for 12 to 18. If the girl or family presses charges, and she is past her 12th birthday, but not yet had her 14th birthday, ‘estupro’ is a legal presumption by the court, due to her age. You did it, appropriate person files charges, she is 12 – 14, 5 years in prison.

To make that clear, 12 – 14, you cannot defend yourself against charges of estupro if they are filed. Nor can she speak up in your defense, even if she wants to.

After the 14th birthday, if charges are filed, you can try to defend yourself by proving the absence of estupro. If she is on your side, I assume she can testify she was your willing partner in sex. I am guessing on that, but it is consistent with other legal issues.

If you disprove estupro after the 14th birthday, likewise you go free. If not, five years in prison maximum.

The problem is, Mexican judges, like American judges, are always loose cannons on deck. If the judge doesn’t like you, he can rule for estupro even if she wanted to have sex with you, just because he wants to.

After her 18th birthday, the only thing you might have to worry about is a false rape charge. But, the police ask the embarrassing questions that are prohibited by law in the US. So, the odds are much smaller that a false charge would stick in Mexico.

And, of course, yes, if a retarded girl is involved, that can put you in trouble by special protective laws. But, the judge will have to be shown the girl was truly incapable by mental insufficiencies, it is not automatic, which means you can mount a defense if you have one.

Now that I have told you the laws as I understand them, let me say anyone who dinks around with young girls, in this case, under 18, does not have my sympathy when he ends up in prison. I have high risk aversion, and see no reason to mess around with underage girls, when there are billions of adult women in the world. Don’t do it.

A few months ago, a niece, her cousin, and a friend, were found at a dance in another town at 3 am. They are around 14 years old. Though humans are unpredictable, if they had been caught having sex with an older boy or man, there is a good chance the family would not file charges, because here they understand young females better than the dummies in the US do. And, if those girls were willing partners for sex, the typical Mexican family will question why a young man should go to prison for their daughter’s slutty behavior. Mexico is very judgmental of females.

One other thing I forgot to mention. If you bang a young girl over 12 years old, the men in her family may well administer machete justice. Another means by which the family deals with such issues. Don’t do it.

Of course, the family of an underage girl definitely has the power to blackmail you since it is their call to press charges. There is always the possibility of being set up for blackmail by a criminal family. Or, a family may demand a shotgun wedding to preserve their daughter’s reputation.

And, I also mention American law, which says any American citizen or resident who has sex with a girl under 16 years of age in any nation in the world, goes to prison in the US for 15 years, no matter what the law in the other nation says. And, if a prostitute happens to be under 18, under U.S. law you get 30 years in prison.

And, no matter how old she appeared to be or you thought she was.

I recommend intensive study of laws and culture of any nation you might want to visit or move to, before you do either. Cost of mistakes is just too high.

(Reference: CODIGOS DE DEFENSA SOCIAL Y DE PROCEDIMIENTOS EN MATERIA DE DEFENSA SOCIAL PARA EL ESTADO DE PUEBLA, Coleccion PORROA also known colloquially as Codigo Penal de Puebla. Second Edition. Capitulo Undecimo, Seccion Segunda y Tercera. Pp. 78, 80.)

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