Portugal

The Public Prosecutor (Ministério Público) brought charges of domestic violence against defendant, “Mr. XXX” (name omitted from public record), for recurrently calling victim, “Ms. ZZZ” (name omitted from public record), a “filthy pig” or a “mental retard.” The Lower Court found that the actions by Mr. XXX did not qualify as domestic violence under section 152 of the Portuguese Penal Code which requires repeated acts of physical or emotional abuse towards a spouse or ex-spouse.

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 Appellate Court reaffirmed the District Court’s decision which found defendants, “Mr. V” and “Ms. M” (both names omitted from public record), guilty of child sexual abuse pursuant to sections 171 and 177 of the Portuguese Penal Code and sentenced Mr. V and Ms. M to five years in prison. According to evidence (including photos and victim’s testimony) presented to the Appellate Court, Mr. V and Ms. M would play games with the victim, “L” (name omitted from public record), their five-year-old daughter, during which L had to touch and kiss part of Mr. V’s and Mrs.

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.

The Public Prosecutor (Ministério Público) brought charges against the defendant, “A” (name omitted from public record), for sexual harassment against the victim, “D” (name omitted from public record) a minor girl. A had naked pictures of D and threatened to expose them using the internet unless D agreed to have sexual intercourse with him. The Lower Court held that D’s conduct did not meet the requirements of sexual harassment under section 163 of the Portuguese Penal Code, which requires a grave threat to the victim as an element of the crime.

Legal Regime Governing Prevention of Domestic Violence and Protection and Support for its Victims Amended by Article 2 of Law No. 57/2021

As set forth in Article 3, this law takes a comprehensive approach to domestic violence: enshrining the rights of victims, ensuring their protection, creating measures to raise awareness about domestic violence, providing authorities with the adequate instruments to achieve these ends, and guaranteeing the economic rights of victims.

Appellant A (name omitted from the public record) challenged the district court’s (Tribunal da Comarca) decision which convicted him of domestic violence, for having inflicted physical and psychological injuries on his spouse, who later filed for divorce.  As provided under the Portuguese Penal Code, the crime of domestic violence occurs whenever a person—repeatedly or not—inflicts physical or psychological harm to their spouse or former spouse (Sec.

Appellant B (name omitted from the public record) challenged the district court’s (Tribunal da Comarca) ruling that convicted him of child sexual abuse for having sexual intercourse with underage victims F, E and K (names omitted from the public record).  Appellant B argued that the victims were not sexually inexperienced, and had intercourse with him out of their own free will, as the victims had sufficient means to reject him if they had so decided.  Under the Portuguese Penal Code, a person who, being over the age of 18, maintains sexual intercourse or relations with v