April 20, 2026
On March 27, 2026, an amendment to the Mexico City’s Criminal Code concerning sexual crimes was published in the Official Gazette. This reform specifically targets the crimes of statutory rape, rape of minors by misrepresentation, and incest involving minors. Although framed as an adjustment to strengthen child protection, its practical implications significantly reconfigure how these conducts are defined and penalized. Perhaps the most critical change concerns the crime of statutory rape under Article 181 Bis. Prior to the reform, it was considered a crime to have sexual intercourse with any person under eighteen. The amendment now narrows this scope to cover only intercourse with children under fifteen. Additionally, penalties have been increased to a range of twelve to twenty years in prison.
Under this new legal framework, for those between fifteen and eighteen, rape is no longer presumed by age. Instead, criminal liability now depends on whether consent was obtained through misrepresentation or if the act was compelled through physical or psychological coercion. Consequently, a person over fifteen may legally consent to intercourse provided there is no deceit or violence involved, marking a definitive shift in the age of sexual consent.
Regarding the crime of rape of minors by misrepresentation under Article 180, the offense was previously established when a person had intercourse with someone between twelve and eighteen through deceit. The reform raises the victim’s age threshold so it is now triggered when the victim is between fifteen and eighteen. Furthermore, the applicable penalty has been increased to a range of one to five years of imprisonment.
As a result of this reform, pending criminal proceedings for statutory rape based on the previous definition may be dismissed if the victim was over fifteen at the time of the act. Likewise, individuals currently serving sentences for such acts may be eligible for release due to the decriminalization of the conduct.
Furthermore, victims of statutory rape who were between fifteen and eighteen at the time of the offense, in cases where no violence occurred, will lose their right to restitution.
Finally, regarding incest under Article 181, the threshold for the aggravating circumstance when one party is an adult has been raised from twelve to fifteen years of age. This change expands the scope of protection within familial relationships by bringing more minors under the aggravated sentencing guidelines, which now range from twelve to twenty years in prison.
Sincerely:
Mario Uribe
Diego Alcantara