estupro e estupro de menores

Article 163 punishes sexual coercion – to coerce someone to practice a “relevant sexual act” – with imprisonment from one to eight years. Article 164 punishes forcible intercourse (“violação”) with imprisonment from one to six years. Article 168 punishes artificial procreation without a woman’s consent, with imprisonment from one to eight years. Articles 171 and 172 punish sexual abuse of minors of 14 years with imprisonment from 1-10 years. Article 173 punishes sexual acts with adolescents (individuals between 14 and 16 years old) with imprisonment up to three years.

This section outlines the punishments for prostitution. Anyone who promotes or facilitates prostitution by a woman is subject to one-two years in prison, but anyone who promotes another’s prostitution through violence, fraud, abuse of authority, or exploitation of the other’s situation is punishable with two-eight years in prison. Whomever habitually partakes in prostitution with someone under the age of 18 can be imprisoned from two-eight years or be fined for up to one year.

This section states crimes against sexual freedom, including the conditions under which sexual encounters violate a woman’s safety and the punishments thereafter. Anyone who engages in sexual activity without the woman’s consent by means of violence or physical intimidation, even if an act of artificial procreation, is subject to two to eight years in prison. Those who have sexual encounters with minors face imprisonment of 16-20 years.

The defendant, a nurse, was charged with the crimes of indecent assault and abortion, for which he was sentenced in 2016 to cumulatively serve five years and two months in prison and ordered to pay monetary compensation to the victim, who was his niece. It was established that the defendant and the victim began a relationship when she was 15 years old and, in course of the relationship and while she was still underage, the defendant performed three abortions with the victim’s consent. On one occasion, a member of the family accidentally witnessed the abortion.

The appellant was convicted of two accounts of domestic violence in the form of sexual assault of two minors (11 and 9-years-old) and sentenced to 8 years in prison, in addition to payment of a compensation to the victims.

The appellant was convicted of statutory rape of his partner’s 8-year-old daughter and sentenced to 10 years in prison as well as of payment of a compensation to the victim. Before the trial, the appellant confessed having sexual relations with the minor, arguing that it only happened because he was under the influence of alcohol and had mistaken her for his partner. In his appeal, he, however, 1) denied all accusations against him, 2) argued that no evidence was produced against him, and 3) alleged that his partner had convinced the victim to accuse him of the crime.