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 Appellate Court affirmed the Lower Court’s decision finding B guilty of rape under section 164 of the Penal Code.
Ministério Público v. [Undisclosed Parties], 43/13.4JAPRT.P1