The Baja California Sur Congress is taking steps to raise the minimum age of sexual consent from 12 to 15, seeking to protect minors and harmonize state and federal legislation. This is intended to prevent abuse and rape, especially in trusted settings where children may feel more vulnerable, such as homes, schools, and sports centers.
The Congress seeks to align state legislation with the Federal Penal Code, which already establishes 15 as the minimum age of sexual consent in statutory rape cases.
Setting the age of 12 is too low for adolescents to be legally responsible for the free exercise of their sexuality, because they are not aware of the consequences; therefore, raising the minimum age is necessary to protect minors from abuse and violence.
“The minimum age of consent is essential to prevent sexual crimes and protect minors from decisions they do not fully understand,” warned Attorney General María del Carmen Flores.
The reform has not yet been approved.
The ruling was only submitted to a first reading, so its analysis and eventual vote are still pending.
However, during the session, several voices pointed out that this is an “urgent and necessary” measure to harmonize the state Penal Code with international recommendations on children’s rights.
“Having sexual intercourse with a person under 15 years of age, even with their consent, constitutes abusive behavior that must be punished as rape,” the ruling states.
The ruling must undergo a second reading and discussion in the Plenary before its eventual approval. The ruling committees considered it necessary to expedite the process because this measure has direct repercussions on the protection of human rights.