Feb 25 • 23:55 UTC 🇧🇷 Brazil Folha (PT)

Senate approves bill that ends the relativization of rape of vulnerable individuals

The Brazilian Senate has approved a bill to amend the Penal Code, ensuring that penalties for the rape of vulnerable individuals will be applied regardless of the victim's sexual experience or resulting pregnancy.

On Wednesday, the Federal Senate of Brazil approved a significant amendment to the Penal Code aimed at addressing the rape of vulnerable individuals. This legislative change ensures that penalties will be applied to perpetrators of such crimes irrespective of any sexual experience the victim may have had or whether the rape resulted in pregnancy. The bill was passed during a symbolic vote, which does not require individual declarations by lawmakers, and it has already received approval in the House of Representatives, moving it forward to presidential sanction.

The impetus for this urgent legislative action arose from the controversial case involving a 35-year-old man who was acquitted by the Court of Justice of Minas Gerais after being accused of raping a 12-year-old girl. The court's justification for the acquittal, which cited the notion of "family formation" in their relationship, drew considerable public outrage and highlighted the inadequacies of existing legal interpretations regarding vulnerable victims. This decision was overturned on the same day the Senate voted, resulting in the perpetrator's arrest and further emphasizing the need for more stringent laws against sexual violence.

The revisions to the law reflect a broader societal condemnation of leniency towards sexual offenses, particularly those involving minors. By eliminating the relativization that previously allowed for different interpretations based on the victim's background or circumstances, the Brazilian legislature is signaling a commitment to safeguarding vulnerable individuals. The passage of this legislation is a critical step towards tightening legal protections and ensuring that victims receive justice without undue consideration of their personal history or the consequences of the crime.

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