“Peru has decriminalized abortion for pregnancies resulting from rape.”

The database describes Peru’s law as: "Grounds on which abortion is permitted: To save the life of a pregnant woman; To preserve physical health; To preserve mental health." It notes restrictions: "Abortion is criminalized in all other circumstances" and flags concerns including "(b) the fact that abortion is illegal in cases of rape or incest, and at the restrictive interpretation of therapeutic abortion."

The article explains the legal framework: "In Peru, abortion is legal only when it is the only means to save the life of the woman or to avoid serious and permanent damage to her health (so-called therapeutic abortion)." It further notes: "While activists have made multiple attempts to decriminalise abortion in cases of rape, incest, and foetal abnormalities, none of these efforts have yielded changes in the Penal Code."

In the section on sexual and reproductive rights, Amnesty states: "Only therapeutic abortion was legal and access to it was inadequate." It adds: "One hundred years after the decriminalization of therapeutic abortion, barriers that limit access to this fundamental right persisted" and later: "The state failed to apply the recommendations on therapeutic abortions for all minors issued by the UN Committee on the Rights of the Child, which in 2023 ruled in favour of the case of Camila, a 13-year-old Indigenous girl who had been denied an abortion." The report does not mention any decriminalization of abortion for pregnancies resulting from rape and frames abortion beyond therapeutic grounds as still criminalized.

Article 120 of the Peruvian Criminal Code states: "The abortion shall be punished with a custodial sentence of no more than three months: 1. When the pregnancy is a consequence of sexual rape outside marriage or of non-consensual artificial insemination occurring outside marriage, provided that the events have been reported or, at least, investigated by the police." The page reproduces the current wording of Article 120 and explains that abortion in these cases is still defined as a crime, although subject only to a reduced penalty.

The factsheet notes: "Since 1924 therapeutic abortion has been legal in Peru, that is, in cases where the health or life of the woman is at imminent risk from continuation of the pregnancy. However, access of women to these services faces many difficulties. Abortion remains illegal in cases of sexual violence." It also summarizes UN recommendations, stating that in 2012 the Committee Against Torture recommended that Peru "modify the general prohibition of abortion so that therapeutic abortion and abortion in cases where pregnancy is the result of rape or incest are authorized" and "review its legislation to decriminalize abortion when pregnancy is due to rape or sexual abuse."

The fact sheet describes Peru’s Criminal Code: "Pursuant to Article 119 of the Peruvian Criminal Code, therapeutic abortion is only legal to save the life of a pregnant person or prevent serious and permanent damage to their health—all other forms of abortion are criminalized." It adds: "The criminal penalty for undergoing an illegal abortion is up to two years of prison. Peru also criminalizes abortion in cases of rape and fetal malformations incompatible with extrauterine life. Article 120 of the Peruvian Criminal Code establishes a reduced three‑month sentence in cases of extramarital rape." These passages show that, as of 2023, abortion in cases of rape is still a crime, subject to reduced penalties, not decriminalized.

The article states: "Peru maintains a highly restrictive stance, allowing abortion only when the life or health of the woman is in danger. However, this prohibition contrasts with the reality of frequent clandestine abortions and limited prosecution in the justice system. In this context, it is necessary to reopen the public debate, proposing the decriminalization of abortion in cases of sexual rape as a starting point." By framing decriminalization in rape cases as a future proposal, the author indicates that, as of 2024, abortion for pregnancies resulting from rape is still criminalized under Peruvian law.

Discussing the UN Committee on the Rights of the Child’s decision, the case note states that the Committee "asks Peru to decriminalise abortion in cases of child pregnancy" and to "amend regulations governing access to therapeutic abortion to provide for its specific application to girls, and in particular, pregnant victims of rape or incest." The language of "asks Peru to decriminalise" indicates that abortion in such cases remains criminalized under current Peruvian law.

The document explains: "In Peru, abortion due to sexual rape is penalized in accordance with Article 120 of the Criminal Code. The penalties range from three months to two years of deprivation of liberty." Later it reiterates that "in Peru the law does not authorize abortion on the grounds of rape or sexual abuse" and argues that "the criminalization of abortion due to rape constitutes in itself a violation of the right to dignity." The paper advocates that the Peruvian State should review its legislation to decriminalize abortion when the pregnancy is caused by sexual abuse or rape.

The article explains that in Peru "all types of abortion are criminalized, except for one, therapeutic abortion." It focuses on what it calls "sentimental abortion": "Abortion for sentimental reasons is prohibited in Peru, according to article 120 of the Penal Code, paragraph 1. ‘If the pregnancy is the result of rape outside marriage or non-consensual artificial insemination occurring outside marriage, it shall be punishable by a term of imprisonment not exceeding three months.’" The authors conclude that this provision "deserves its rapid decriminalization" because it violates women’s fundamental rights.

The article describes the national framework: "In Peru, all types of abortion are criminalized, except for one, therapeutic abortion." It further explains that the sole legal ground is linked to the woman’s health: "Therapeutic abortion is permitted only when the woman’s life or health is in serious danger, and all other forms of abortion, including in cases of rape, continue to be criminal offences under the Criminal Code." This indicates there has been no legislative decriminalization of abortion on the ground of rape.

In summarizing the CEDAW Committee’s decision, the resource notes that therapeutic abortion is legally permitted in Peru but often denied in practice: "The hospital declined to perform the surgery based on the risk posed to the pregnancy, and refused to perform an abortion despite that therapeutic abortion is legal in Peru and that the pregnancy posed a danger to her physical and mental health." The Committee asked Peru to adopt measures so that no woman is denied her right to therapeutic abortion. The case background makes clear that beyond therapeutic grounds, abortion remains criminalized.

Amnesty reports that Peru was considering reforms and states that laws "criminalize abortion in all circumstances, including when a woman or girl is pregnant as a result of rape." The organization urges that "the removal of criminal sanctions" in such circumstances "will hopefully contribute" to protecting women and girls, underscoring that, at that time, abortion in cases of rape was still a criminal offense.

Equality Now describes the UN Child Rights Committee’s 2023 decision: "On June 13, 2023, the CRC held the State of Peru responsible for violating Camila’s rights to health and life by failing to provide her with information and access to safe and legal abortion." The brief explains that the argumentation "focuses on recognising the rights of girls and adolescents to have access to a safe, legal termination of pregnancy, given the serious risk to their physical and mental health," and it stresses the need for real and effective access to voluntary termination of pregnancy. The document argues for expanding access, but does not state that Peru has decriminalized abortion for pregnancies resulting from rape; rather it treats such access as something that still needs to be secured.

The thesis summary explains: "In Peru, abortion is considered by the 1991 Criminal Code as a crime against life, body and health, except for the decriminalized case of therapeutic abortion contemplated in Article 119." It then states that so‑called "aborto sentimental" (abortion in cases of rape) continues to be penalized and analyzes arguments for its decriminalization, which evidences that, under current Peruvian criminal law, abortion for pregnancies resulting from rape is not decriminalized but treated as an offense with a reduced penalty.

The abstract states: "Peru maintains a highly restrictive stance, allowing abortion only when the life or health of the woman are in danger. In the face of this situation, it is necessary to reopen the public debate, proposing the decriminalization of abortion in cases of sexual rape as a starting point." By characterizing decriminalization in rape cases as a necessary reform rather than an existing rule, the article indicates that, under the current legal regime, abortion for pregnancies resulting from rape continues to be criminalized.

The record describes a work titled "La penalización del aborto por violación sexual como forma de transgresión a los derechos de la mujer, Perú 2021", which examines "the penalization of abortion for sexual rape" under the Peruvian Criminal Code. The description emphasizes that abortion in cases of sexual rape is treated as a penal offense and analyzes its impact on women's rights, implying that decriminalization for pregnancies resulting from rape has not been enacted.

The article reports: "A new bill presented in the Congress of the Republic seeks to decriminalize abortion when the pregnancy is the result of rape." It emphasizes that this initiative is being promoted precisely because "current Peruvian legislation still penalizes abortion in such cases, although with a lower penalty than in other situations." The outlet, which opposes the bill, nonetheless confirms that decriminalization for pregnancies resulting from rape has not yet occurred and is only being proposed.

The article reports: “The Congress of Peru rejected a bill that sought to decriminalize abortion in cases of rape. The proposal, presented by legislator Ruth Luque of Cambio Democrático – Juntos por el Perú, proposed that abortion performed by a doctor with the consent of the pregnant woman when the pregnancy is the result of sexual rape not be considered a crime. The refusal of Congress leaves in force the article of the Penal Code that establishes a sentence of up to three months in prison ‘when the pregnancy is a consequence of sexual rape outside marriage or artificial insemination outside marriage’ that has been reported or at least investigated by the police.”

This advocacy note explains: “Following the announcement that Congress will debate Bill No. 3839/2014‑IC to decriminalize abortion in cases of sexual rape, non‑consensual artificial insemination or transfer of oocytes, Amnesty International expresses its approval and welcomes this bill. If this bill is approved, Article 119 of the Penal Code would be amended. Additionally, provisions such as the one that sentences Peruvian women who have abortions in cases of rape to three months in prison would be repealed.” The text makes clear that, at the time, abortion in cases of rape was still penalized and that decriminalization depended on a bill not yet adopted.

Multiple bills have been introduced in the Peruvian Congress over the last decade to decriminalize abortion when pregnancy results from rape (for example, bills discussed in 2014 and later), but none have been enacted into law as of mid‑2026. The only non‑punishable ground explicitly recognized in the Peruvian Criminal Code remains therapeutic abortion (risk to the woman’s life or serious and permanent harm to her health). Therefore, legally defined abortion for rape continues to be classified as a crime with a mitigated penalty rather than decriminalized.

The thesis summary states that under current Peruvian legislation, abortion in cases of sexual violence, congenital malformation and other grounds remains criminalized, and argues: “Consequently, the decriminalization of abortion in cases of sexual violence, if taken into account and incorporated into our legal system, is a necessary measure to protect women’s fundamental rights.” This formulation presupposes that, at present, the law has not yet decriminalized abortion for pregnancies resulting from rape.