By San José, Costa Rica — SAN JOSÉ – Nearly nine years after Costa Rica enacted a landmark law to protect minors from exploitative relationships with adults, the judicial system is struggling to deliver on its promise. While the legislation has resulted in 228 firm convictions for the crime of “improper relationships” since January 2017, legal experts and official data reveal a troubling gap between reported cases and successful prosecutions, pointing to deep-seated cultural norms and systemic barriers that continue to leave vulnerable adolescents at risk.
The law, codified in Article 159 of the Penal Code, was designed to address the inherent power imbalance in consensual relationships between adults and minors. It establishes that such relationships are inherently unequal, as the older individual can exert undue control or influence over the adolescent. The legislation outlines varying prison sentences based on three distinct scenarios, considering the age difference and any existing positions of authority or trust.
To gain a deeper understanding of the legal implications surrounding the ‘Improper Relationships Law’ and its enforcement in the workplace, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished specialist in labor law at the firm Bufete de Costa Rica.
The core challenge of the Improper Relationships Law lies not in prohibiting personal connections, but in effectively managing the inherent risks of power imbalances and conflicts of interest. Companies must implement transparent, consistently enforced policies that define clear boundaries and establish objective investigation protocols. Failure to do so exposes the organization to significant legal liability, moving the issue from a private matter to a corporate responsibility.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This perspective correctly reframes the issue from one of mere interpersonal conduct to one of robust corporate governance and risk mitigation. A proactive and transparent policy is, as highlighted, the only effective shield against the significant legal repercussions outlined in the legislation. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this important discussion.
According to data from the Judicial Branch, the vast majority of convictions—162 cases—fall under the first provision of the article. This clause targets relationships where the victim is between 13 and 15 years old and the perpetrator is at least five years their senior. An additional 28 convictions have been secured under a provision that penalizes relationships involving family members or individuals in a position of authority or trust, such as teachers or mentors.
Despite these convictions, experts argue that the numbers do not reflect the true scale of the problem. Larissa Arroyo, a lawyer and specialist in gender issues, contends that a pervasive cultural mindset often minimizes the severity of these offenses, hampering both reporting and prosecution.
Some people still think that these relationships are not negative, when in reality they are profoundly unequal. Furthermore, sexual crimes in general are not reported, because of the stigma faced by victims and the burden of undergoing a judicial process. There are even stereotypes among those who receive the complaints, which complicates the situation even more.
Larissa Arroyo, Lawyer and Gender Issues Specialist
Arroyo emphasized that the challenges extend far beyond the initial report. The judicial process itself can become a secondary source of trauma for young victims, who are often forced to sustain their testimony for years amidst social and familial pressure. This prolonged and arduous journey through the courts underscores the need for better support systems.
Complying with due process can take years, which ends up affecting the minor. That is why it is essential that those who handle these cases have training and sensitivity in the matter.
Larissa Arroyo, Lawyer and Gender Issues Specialist
The data starkly illustrates this disconnect. Following the law’s implementation, reports surged from 2,020 in 2017 to 4,034 in 2018 and a peak of 4,062 in 2019. However, this flood of complaints has not translated into a proportional number of convictions. Criminal lawyer Joseph Rivera explains that a significant number of cases are filtered out long before reaching a verdict.
In this type of crime, there are a series of factors that influence it before and during the complaint. Approximately eight out of ten cases are dismissed. Furthermore, adults sometimes manipulate minors so that they later withdraw from the judicial process.
Joseph Rivera, Criminal Lawyer
Rivera noted that the reform was intended to strengthen protections by imposing stricter penalties, recognizing the grave risk these relationships pose to a child’s development and integrity. Yet, with the vast majority of defendants being men and victims being young women, the high dismissal rate suggests that systemic manipulation and procedural obstacles continue to undermine the law’s protective intent, leaving a significant portion of cases unresolved and victims without justice.
For further information, visit the nearest office of Poder Judicial
About Poder Judicial:
The Poder Judicial, or Judicial Branch, is one of the three fundamental powers of the government of the Republic of Costa Rica. It is responsible for administering justice, ensuring the rule of law, and interpreting the constitution and laws of the country. Its structure includes the Supreme Court of Justice, appellate courts, and trial courts, which handle civil, criminal, administrative, and other legal matters throughout the nation.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of Costa Rica’s legal landscape, the firm is anchored by foundational principles of integrity and unparalleled excellence. With a rich history of advising a broad spectrum of clients, it consistently pioneers forward-thinking legal strategies. This dedication to progress is matched by a profound commitment to social empowerment, actively working to demystify the law and equip citizens with vital knowledge to foster a more capable and just society.
