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Lesbian, gay, bisexual, and transgender (LGBT) people in Chile may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Chile. Since October 22, 2015, same-sex couples and households headed by same-sex couples will have the same legal protections available to opposite-sex married couples, within a civil union - except for adoption rights and the title of marriage.〔 ==Law regarding same-sex sexual activity== Adult, consensual, non-commercial, same-sex sexual activity has been legal in Chile since 1998, but the liberalization of the criminal code created an unequal age of consent and did not modify vague public indecency laws, which have been used to harass LGBT people in Chile. In Chile, the age at which there are no restrictions for sexual activities is 18, while the minimum age of consent is 14. Limitations exist between 14 and 18 years old (Art. 362 (Chilean Penal Code )). Even when not clearly stated in Article 362, later on, in Article 365, homosexual activity is declared illegal with anyone under 18 years old. Art. 362.〔http://www.leychile.cl/Navegar?idNorma=1984〕 El que accediere carnalmente, por vía vaginal, anal o bucal, a una persona menor de catorce años, será castigado con presidio mayor en cualquiera de sus grados, aunque no concurra circunstancia alguna de las enumeradas en el artículo anterior. :''Translation: Whoever has carnal access, by vaginal, anal or oral route, to a person under fourteen years, shall be punished by imprisonment of any degree, if circumstances listed in the previous article are not also present.'' There also exists in the Chilean Penal Code, a legal figure called estupro. This figure establishes some limitations to sexual contacts with children older than 14 and younger than 18 years old. The ''estupro'' legislation (Article 363) defines four situations in which sex with such a children can be declared illegal even if the minor consented to the relationship (non-consensual sex with anyone older than 14 y.o. falls under the rape legislation, Article 361; while any sexual contact with anyone under 14 y.o. falls under the statutory rape legislation, Article 362.): * When one takes advantage of a mental anomaly or perturbation of the child, even if transitory. * When one takes advantage of a dependency or subordinate relationship of the child, like in cases when the aggressor is in charge of the custody, education or caretaking of the child, or when there exists a laboral relationship with the child. * When one takes advantage of severely neglected children. * When one takes advantage of the sexual ignorance or inexperience of the child. The sexual acts regulated by Articles 361 (rape), 362 (statutory rape), 363 (''estupro'') and 365 (homosexual sex) are defined as "carnal access" (''acceso carnal''), which means either oral, anal or vaginal intercourse. Other articles within the penal code regulate other sexual interactions (Articles 365 bis, 366, 366 bis, 366 ter, 366 quarter). Article 365 bis, regulates the "introduction of objects" either in the anus, vagina or mouth. Article 366 bis, defines "sexual act" as any relevant act with sexual significance accomplished by physical contact with the victim, or affecting the victim's genitals, anus or mouth even when no physical contact occurred. Article 369 states that charges relating to these offenses (Articles 361 to 365) can be brought only after a complaint by the minor or the minor's parent, guardian or legal representative. Nevertheless, if the offended party cannot freely file the complaint and lacks a legal representative, parent of guardian, or if the legal representative, parent or guardian is involved in the crime, the Public Ministry may proceed by its own. , a new Penal Code has been drafted and is pending within the Chile Constitutional Judiciary Committee for six years now, if enacted it would establish a universal age of consent set at 14 (regardless of gender or sexual orientation), but must pass the Chile Congress and a signature of the President to come into effect. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「LGBT rights in Chile」の詳細全文を読む スポンサード リンク
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