The consentual age in Costa Rica is 18 – for both men and women.
An adult (anyone 18 years of age and over) having sex – Ley 7899, Law Against Sexual Exploitation of Under Age Person is not just confined to intercourse – with a minor (boy or girl under the age of 18) can mean serious trouble, both in Costa Rica and at home, as in the case of Americans.
[sws_red_box box_size=”100″] TIP: Prostitution,Legal (Must be over 18 years old). Brothel Ownership, Legal. Pimping: Not so legal [/sws_red_box]
Sex with a minor – even if she (or he) is one day shy of their 18th birthday – is not accepted nor tolerated by authorities in Costa Rica. Law enforcement is active in this respect and prosecution is diligent. Anyone thinking of coming to Costa Rica for underage sex best think of somewhere else.
Here are something to consider, and this alone should send chills up your spine: in Costa Rica you are “guilty until proven innocent”.
Let me explain. In North America and most of the civilized world, a person is innocent until proven guilty by a group of his or her peers. Not so in Costa Rica. Once charged, it will be up to you to prove your innocence to a three judge panel. Witnesses are called in to give testimony to the judges, facing the judges, they answer their questions. Not like in the U.S. or Canada where the witnesses faces the accused.
[sws_red_box box_size=”100″]TIP: A common misunderstanding is that there is some sort of official or mandatory STD testing in Costa Rica. THERE IS NO TESTING REQUIREMENT! [/sws_red_box]
Elaborating on the three judge panel, you will probably have figured out there is no jury – one’s peers – in this process. The judges are appointed by the criminal court, their role is to examine the evidence, listen to the testimony of the witnesses and the accused and then render a decision. A decision can come weeks, months, even years after the trial.
Which brings us to the point of “preventive detention”. In Costa Rica, you can – and being a foreigner most likely, will be held in preventive detention up to trial. And then continue to be in detention until the judges render their decision and the months of appeal process is exhausted. Yes, there is an appeal process, but that takes deep pockets.
The preventive detention is allow the authorities – police and prosecution – to build a case against you. Meanwhile, you have little or no chance to prepare a defence.
AND, if you are charged with a sex related crime against a minor forget about your country’s embassy coming to your aide. No embassy official in his or her right mind will touch your case, no matter what the circumstances – I was framed, it wasn’t my dick, etc. YOU ARE ON YOUR OWN.
As a good friend would always say, Rico, there is one turning 18 every day!