"Implicitly Encouraging Sexual Violence"... Peru Abolishes Controversial Child Marriage Law

Exploited as a Loophole for Non-Punishment of Minor Rape

Child marriage, which applied to adolescents aged 14 and older in South America’s Peru, will be abolished. This system has been criticized for being exploited to force marriage on minors who have been victims of sexual violence.

On the 3rd (local time), according to the official website of the Peruvian Congress and the Ministry of Women and Vulnerable Populations (Ministry of Women) official social media accounts, the Peruvian Congress held a plenary session the previous evening and passed a civil law amendment explicitly prohibiting marriage with minors.

The appearance of indigenous people of Peru. The photo is not related to the specific content of the article. [Image source=Pixabay]

The bill, jointly introduced by Congressman Luis Aragon Carre?o (Popular Action Party) and Congresswoman Flor Pablo Medina (Purple Party) in March and September respectively, set the legal marriage age at 18, which is the age of majority under civil law. It also included provisions allowing minors who are already married to request annulment of their marriage without third-party intervention if they wish.

In 2007, the Peruvian Congress lowered the age of consent for sexual relations from 17 to 14, which led to the interpretation that the legal marriage age was also 14 and above. In Peru, adolescents aged 14 and older who have children or are pregnant can marry with parental consent and court approval.

While this provision reflected indigenous child marriage customs, it was also exploited as a loophole allowing adult men to avoid punishment for sexual violence against minor girls. There have been numerous cases where minor girls who became pregnant due to sexual abuse were forced into marriage, prompting growing social calls, especially from human rights groups, for legislative reform.

Congressman Luis Aragon Carre?o stated, "Child marriage implicitly acts as an aggravating factor that encourages sexual violence," adding, "Banning it means guaranteeing the rights of our girls." Congresswoman Janeth Rivas Chacarra (Free Peru Party) also said, "Marriage of minors is not gender-neutral," explaining, "Its impacts such as school dropout, domestic violence or bullying, and health deterioration affect females more significantly."

The Peruvian Ministry of Women welcomed the passage of the amendment as "a historic day marking a milestone in protecting youth rights." Minister of Women Nancy Tolentino emphasized in an interview with RPP News, "To build a strong nation, we must ensure our girls complete their education, build careers in technical fields or universities, and enjoy a future free from violence."

The amendment has effectively completed the legislative process and only awaits the signature of President Dina Boluarte.

Last month, the United Nations Population Fund (UNFPA) released a report highlighting the severe level of sexual violence against minors in Peru. The UNFPA report pointed out, "Up to 11 girls aged 10 to 14 become pregnant daily in Peru, and four of them become mothers," noting that "the majority are due to sexual abuse."