Tribunal da Relação de Porto (Court of Appeal of Porto)

The defendant, “B” (name omitted from public record), was sentenced in the Lower Court for statutory rape and qualified rape of the victim, a minor girl. The court found that the defendant had repeated sexual intercourse with the victim, who had initially consented to sexual intercourse but, over time, changed her mind and wanted to end her sexual relationship with B. B threatened to have sexual intercourse with the victim’s sister, and in order to prevent that, the victim continued her sexual relationship with B.

The Public Prosecutor (Ministério Público) brought charges of domestic violence against the defendant, “B” (name omitted from public record), for stalking his former girlfriend, the victim, “C” (name omitted from public record), after their relationship ended. Evidence produced during trial showed that B repeatedly sought to reconnect with C over the course of five months after the end of their relationship, which caused great anxiety and distress to C.

The Public Prosecutor (Ministério Público) brought charges against defendant, “B” (name omitted from public record), for the crime of rape for having anal sex with the victim without the victim’s consent. The Lower Court found B guilty. B appealed, arguing that the victim facilitated the anal penetration, and therefore the court should find that the victim consented. The Appellate Court found that, although the victim facilitated penetration, the victim did so to preserve his integrity, which does not qualify as consent.

The Public Prosecutor (Ministério Público) brought charges of child pornography against defendant, “B” (name omitted from public record), for committing the crime of child pornography. The Public Prosecutor argued that B. kept naked pictures of a 14-year-old girl. The Lower Court found B not guilty of child pornography, because B did not coerce the girl to send him the pictures, but instead had received the pictures from the girl out of her own free will.

The Public Prosecutor (Ministério Público) filed charges of human trafficking and sexual exploitation of minors against the defendants, “B” and “C” (names omitted from public record). Evidence demonstrated that B and C would transport women and minors from Italy to Portugal and hold them against their will to work as prostitutes at adult entertainment facilities. The Lower Court found B and C guilty on charges of both human trafficking and sexual exploitation of minors, which constitute separate crimes under the Portuguese Penal Code.