Edad legal mínima para el consentimiento sexual: garantía del derecho humano de los niños a la salud sexual

Resumen

The Mexican criminal law system sanctions under the crime of statutory rape adult offenders who have sexual relations with minors below the age of consent in order to protect their legal right to a healthy psychosexual development. 27% of criminal codes of federal entities set the age of consent at 12 years old. It is claimed that the age of 12 is too low to make teenagers legally responsible for the free exercise of their sexuality due to the serious effects it can cause on their dignity and sexual health. The aim of this article is to make an interpretation of criminal law under the concept of guarantism, to argue based on the best interest of the minor, the State obligation of legislating to set in a homogenous way in the criminal codes of the country, the minimum age of consent at 15 years old.