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 victims between the age of 14 and 16, taking advantage of their inexperience, is guilty of child sexual abuse (Sec. 173). The appellate court (Tribunal da Relação) held that victims between the age of 14 and 16 are still considered inexperienced despite having prior sexual relations. The appellate court upheld the district court’s conviction of Appellant B.
[Undisclosed parties] v. Ministério Público