Age does matter
TRANSLATED BY JONATHAN LOTT
This year, more than 70 civil society and state organizations have advocated for the modification of articles 173 and 173 “bis” of Decree 17-73, Penal Code, related to the crimes of rape and sexual assault.
Initiative 6430 seeks to reform the Law to Prevent Child Sexual Abuse in light of the alarming escalation of sexual violence against children and adolescents in Guatemala. The proposed law promotes to increase the minimum age of sexual consent, as it is currently at 14 years old.
According to statistics, every day 30,000 births are reported in the National Registry of Persons (Renap) where the mother is a minor; and in 7 out of 10 cases, the girl’s partner is an adult.
In a publication of the media No Ficción, it has been reported that in 2024, two maternal deaths were reported in girls under 14 years of age, and 15 maternal deaths in adolescents between 15 and 19 years of age. The edition cites data from the National Survey of Maternal and Child Health (Children under five years of age) (ENSMI) 2014-15 and, the baseline of Sesan and the Observatory on sexual and reproductive health OSAR Guatemala, January 2024, revealing a worrying relationship between adolescent pregnancy and child malnutrition.
Worrying Facts
Increased number of children: The earlier the age at first birth, the greater the likelihood that women will have more children.
Prevalent teenage pregnancy: 43% of women in Guatemala have at least one child before age 20.
Malnutrition and adolescent childbearing: Nearly 60% of chronically malnourished children are born to adolescent mothers.
Children of adolescent mothers are more likely to suffer from chronic malnutrition, perpetuating a cycle of poverty and vulnerability.
Another factor influencing the variation of these figures in different regions is the patriarchal system in which girls are objects and property of men. In 90% of family cases, the aggressor is a close person; of these, in 30% of cases the girl’s father is the aggressor. In the customs and traditions of abduction or theft, part of the reparation in some communities, is to give the girl to the rapist to take care of her.
“For some young mothers, pregnancy and childbirth are planned and desired. However, for many others, they are not. Many factors contribute to this: adolescents may feel pressure to marry and have children early, have few educational or employment opportunities, they don’t know how to avoid pregnancy or access contraceptives, or have difficulty refusing unwanted sex, or face sexual coercion,” according to UNFPA.
Thelma Suchí, member of the Reproductive Health Observatory (Osar) comments that initiative 6430 seeks to reform the Law to Prevent Child Sexual Abuse, through which the age of consent would be increased from 14 to 18 years old. It is a step forward to protect young people. However, what is really urgent is a law to teach the topics of sexual and reproductive rights.
“What is necessary is more training and education for children and adolescents, because when cases of pregnancies in minors are reported, they are forced into de facto unions and forced motherhood. It is important to join forces of state authorities and civil society to avoid more cases of violence,” added Suchí.
