No, incestuous relationships—including dating siblings—are criminalized under Chilean law. Article 362 of the Penal Code explicitly prohibits sexual relations between lineal ascendants/descendants or siblings, punishable by up to 5 years imprisonment. The 2024 Ley de Violencia Intrafamiliar expanded protections, mandating mandatory reporting by healthcare and social services to SENAME (National Children’s Service) for suspected violations.
Key Regulations for Dating Siblings in Chile
- Penal Code, Article 362: Prohibits sexual relations between siblings, classifying it as a delito contra la familia with penalties up to 5 years. Consent is irrelevant; the act is criminalized by statute.
- Ley 21.545 (2024): Amended the Código Penal to include “incestuous cohabitation” as grounds for protective measures under Ley de Violencia Intrafamiliar, enabling courts to impose restraining orders or supervised visitation bans.
- SENAME Protocol (2025): Mandates that psychologists, doctors, and educators report suspected sibling relationships to SENAME within 24 hours if minors are involved, triggering investigations under Ley 20.032 (Child Protection Law).
Enforcement prioritizes cases involving minors or coercion, with prosecutors leveraging Ley 21.369 (2021) to freeze assets of individuals exploiting familial power dynamics. Adult siblings in consensual relationships face legal risks if reported, though prosecutions are rare without aggravating factors.