Gender-based violence in general

Articles 178 and 179 criminalize procuring and sexual exploitation, punishing anyone who exploits the prostitution of another person or benefits from it, even with the victim’s consent. The baseline penalty is eight to ten years of imprisonment. The law imposes harsher penalties of up to fifteen years if aggravating circumstances are present, such as acting for profit, using violence, or having a family relationship with or being in a position of authority over the victim.

Ley 779, enacted in 2012 and amended in 2013, introduced stalking (acecho) and harassment (acoso) into the Penal Code as forms of psychological violence against women when committed by individuals who have or had a personal relationship with the victim. These acts are punishable by one to three years of imprisonment. The penalty increases to three to five years if the victim is a minor or if aggravating circumstances exist, such as abuse of authority or repeated conduct.

The Penal Code establishes penalties of six months to six years for those who in a meeting, public place, or through any means of dissemination or communication with the public, incite hatred against a person or group of persons because of their race, color, ethnicity, place of birth, sex, belief or religion, political or ideological convictions, social condition or origin or other cause, with the purpose of discriminating against them.

Article 144-A bans female genital mutilation and imposes a prison sentence of 2-10 years. Article 145 imposes greater penalties for offenses against physical integrity and female genital mutilation if the crime is committed, among other special circumstances, against the current or former spouse or a person with whom the perpetrator has a romantic relationship, regardless of sex and gender; if the victim is pregnant; or if the crime is committed due to the victim’s gender, sexual orientation, or gender identity.

Article 132 of the Portuguese Penal Code imposes a more severe penalty (imprisonment from 12 to 25 years) for the crime of qualified homicide (“homicídio qualificado”), if, among other special circumstances, the victim is the current or former spouse or person with whom the perpetrator has a romantic relationship, regardless of sex and gender, if the victim is pregnant or if the crime is committed due to the victim’s gender, sexual orientation, or gender identity. 

Article 240 criminalizes discrimination and incitement to hatred and violence based on race, gender, sexual orientation, and gender identity, among others. The sentence is imprisonment for one to eight years.

O artigo 240 criminaliza a discriminação e incitamento ao ódio e à violência baseado em raça, gênero, orientação sexual e identidade de gênero, entre outros. A pena é de prisão de um a oito anos.

The case concerned issues of language in judicial rulings that led to revictimization. The protected applicant, the leader of an association of peasant women, was kidnapped and raped by an illegal armed group that considered her a threat. The plaintiff brought suit against two potential perpetrators who were acquitted by the court of Cundinamarca. The Constitutional Court ruled to exclude a section of the aforementioned decision because of the section’s use of vulgar and disqualifying expressions in relation to the victim of sexual violence.

Commonwealth Director of Public Prosecution v Jan, Victorian County Court (2024) is significant as it marks Australia’s first conviction for the offence of forced marriage. The defendant, a member of the Hazara Islamic community residing in Shepparton, Victoria, was convicted and sentenced for causing her 20-year-old daughter to enter into a forced marriage.

Chapter 812 established the Commission on the Status of Women in Connecticut, outlining its membership, duties, and policy functions as part of Connecticut’s framework for promoting gender equity. Although most of its original provisions have since been repealed, the chapter historically tasked the Commission with researching women’s issues, advising policymakers, publishing reports, and advocating for equal opportunity across education, employment, and public life.

Following a request to Brazil’s Federal Supreme Court (Supremo Tribunal Federal or “STF”) by then-President Luiz Inácio Lula da Silva, the STF reviewed and upheld the constitutionality of the Lei Maria da Penha (“LMP”). The LMP is Brazil’s first law to address the problem of domestic violence against women on a national scale.