The defendant, a teacher, was charged with sexual harassment of children for multiple offenses against two of his students. On repeated occasions, the defendant inappropriately touched and made obscene gestures to the students, who were 11 and 12 years old. The Lower Court found the defendant guilty of the charges. The defendant appealed, arguing that he did not have sexual intent towards the students, and therefore did not satisfy all requisites of the crime of sexual harassment under section 171 of the Portuguese Penal Code. The Appellate Court affirmed the Lower Court’s decision, and held that the crime of sexual harassment of children under section 171 of the Penal Code requires only that the victim’s freedom and sexual self-determination is hindered by the defendant.
Ministério Público v. [Undisclosed Parties], 39/09.0TAFCR.C1