Argentinean Penal Code

In this case, a defendant who had been sentenced to twenty five years for kidnapping, among other crimes, appealed his conviction, contending that he had committed lesser kidnapping (plagio) instead of the more serious crime of premeditated kidnapping (rapto) of which he was convicted. The court decided to uphold his conviction, despite the fact that there was only coercion involved. The “lessening of sexual integrity” against the will of the victims made the defendant guilty of the greater crime of rapto under article 130 of the Argentinean Penal Code.

A mentally handicapped young woman was allowed to have an abortion per article 86 of the Argentinean Penal Code. The woman was impregnated through rape. Because of the woman’s mental disorders and medication issues, it was impossible to ensure a viable child and a healthy mother. This decision also declared that article 86, which allows for abortion in the case of non-viability, can be employed at a doctor’s discretion without formal court proceedings.