Lesbian, gay, bisexual, and transgender (LGBT) civil rights in Chile have advanced significantly in the 21st century and are now quite progressive.
Both male and female same-sex sexual activity are legal in Chile since 1999, being one the latest South American countries to do so. In 2012, a law banning all discrimination and hate crimes based on sexual orientation and gender identity was approved. Since then, the Chilean Armed Forces allow gays, lesbians, bisexuals and transgender people to openly serve. LGBT people are allowed to donate blood without restrictions since 2013.
Same-sex couples can be registered officially. In 2015, a civil union law was implemented for both heterosexual and homosexual couples, with similar but not equal legal benefits of those of a marriage. After several lawsuits, including one at the Inter-American Commission on Human Rights, the Chilean government proposed a bill for marriage equality in 2017. On 9 December 2021, the law was approved and same-sex couples are able to marry and adopt since 10 March 2022.
Legal gender transition has been possible in the country through judicial processes, with the first one being registered in 1974. In 2019, a law recognizes the right to self-perceived gender identity, allowing people over 14 years to change their name and gender in documents without prohibitive requirements.
Despite being considered one of the most conservative countries in Latin America for decades, currently a majority of the Chilean society supports the recognition of the rights of LGBT people.
Law regarding same-sex sexual activity
Adult, consensual, non-commercial, same-sex sexual activity has been legal in Chile since 1999, 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. Until 2022, Article 365 of the Penal Code established a higher age of consent of 18 for male homosexual acts. However, this provision was abolished by Law 21,483 on August, 24, 2022.
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).
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) 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 or guardian, or if the legal representative, parent or guardian is involved in the crime, the Public Ministry may proceed by its own.