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The manufacturers do not expect that the move will be controversy-free, a point with which sexual health experts in the United States agreed. Still, some experts said that such an approach may not be a bad idea when it comes to promoting safe sex among teens.
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6. (1) Where a male person has sexual intercourse with a female person who is not his wife with her consent and who has attained the age of fourteen years but has not yet attained the age of sixteen years, he is guilty of an offence, and is liable on conviction to imprisonment for ten years.
11. (1) Any person who has unlawful sexual intercourse with any person being of or above fourteen years of age and under sixteen years of age, whether with or without the consent of the person with whom he had unlawful sexual intercourse, is guilty of an offence and liable to imprisonment for life subject to, on a first conviction for the offence, a term of imprisonment of seven years and, in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years.
"Every person who, with or without consent, has sexual intercourse with a person who is under the age of fourteen years commits the offence of unlawful sexual intercourse and is liable on conviction on indictment to imprisonment for a term that is not less than twelve years but may extend to imprisonment for life."
"Every person who has unlawful sexual intercourse with a person who is above the age of fourteen years but under the age of sixteen years, commits an offence and is liable on conviction on indictment to imprisonment for a term that is not less than five years but no more than ten years."
There are two close-in-age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual less than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than them.
Approximate translation: "Anyone who has vaginal or anal sexual intercourse with a minor younger than fifteen years of age or of another person by taking advantage of their insanity, their state of unconsciousness or inability to resist, shall be punished with imprisonment of fourteen to twenty years."
Article 142. The stupor of a person older than fourteen (14) and under eighteen (18) years taking advantage of trust, hierarchy or authority, is punishable by six (6) to eight (8) years of imprisonment.When rape is committed by deception is punishable by five (5) to seven (7) years of imprisonment.
Article 143. The sexual intercourse with parents or children, brothers, or relationship between adopter and adopted, with stepparent, when the victim is over eighteen (18) years constitutes the crime of incest, will be punished with four (4) to six (6) years of imprisonment and shall proceed under complaint by the injured party or his legal representative.When the victim is older than fourteen (14) and under eighteen (18) years, the penalty shall be increased in a medium (1/2).
Estupro is a crime existing across Mexico, as well as in other Latin American jurisdictions. Although the definitions vary by state, it is usually defined as sexual conduct with a child who has reached the minimum age of consent but is under 18 (16 or 17 in some states) when the consent of the child is obtained by seduction and/or deceit. For instance the law of Aguascalientes reads: "El estupro consiste en realizar cópula con persona mayor de doce y menor de dieciséis años de edad, obteniendo su consentimiento por medio de seducción o engaño." (translation: Estupro consists in copulating with a person over twelve and under sixteen years old, obtaining his/her consent through seduction or deceit). Traditionally, estupro applied only to acts committed with a girl, and required "chastity" or "honesty" of the girl. The vast majority of Mexican states have modernized their laws by removing the requirement of "chastity" or "honesty" and by making the laws gender neutral. However, traditional laws still exist in some states: for instance, the law of Baja California reads: Al que realice cópula con mujer de catorce años de edad y menor de dieciocho, casta y honesta, obteniendo su consentimiento por medio de la seducción o el engaño (translation: "Whoever copulates with a chaste and honest female over fourteen and under eighteen years old, obtaining her consent through seduction or deceit"). All states but Baja California have removed the requirement of "chastity" or "honesty" and the definition of estupro as applicable only to girls. The exact type of coercion that must be used varies by state, for example the Federal Law only makes reference to "deceit", omitting "seduction" (it reads: Al que tenga cópula con persona mayor de quince años y menor de dieciocho, obteniendo su consentimiento por medio de engaño, translation: "Whoever copulates with a person over fifteen and under eighteen years old, obtaining his/her consent through deceit").
Translation: Article 176. Whoever, using a condition of advantage, achieves sexual intercourse with a person over fourteen and under eighteen, even with consent, shall be punished with imprisonment from two to four years
Article 130.- Sexual Assault.- Any person who performs sexual penetration, whether an orogenital act or vaginal or anal sex penetration, whether genital, digital, or instrumental ... shall be punished...when the victim has not attained the age of sixteen (16) years, except when the victim is over fourteen (14) years old and the age difference between the victim and the accused is four (4) years or less.
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