Sexual Harassment Is Now a Crime

 

Amends Decree-Law No. 2,848, of December 7, 1940 (Penal Code), to criminalize crimes of sexual harassment and disclosure of rape, to make unconditional the nature of criminal action for crimes against sexual freedom and sexual crimes against vulnerable, establish causes of increase of sentence for these crimes and define as causes of increased sentence collective rape and corrective rape; and repeals Decree-Law No. 3.688, of October 3, 1941 (Criminal Offenses Act). THE PRESIDENT OF THE SUPREME FEDERAL COURT, in the position of PRESIDENT OF THE REPUBLIC I hereby announce that the National Congress decrees and I sanction the following Law:  Art. 1 the This law typifies the crimes of sexual harassment and rape scene disclosure, becomes public unconditional nature of the prosecution of crimes against sexual freedom and sexual offenses against vulnerable, establishes a penalty increase of causes for these crimes and defines as causes of increased sentence collective rape and corrective rape. Art. 2   Decree-Law No. 2,848, of December 7, 1940 (Penal Code), is now in force with the following changes:  ” Sexual Importation  Art. 215-A. To practice against someone and without their consent, a libidinous act in order to satisfy one’s own lust or that of another: Penalty – confinement, from one (1) to five (5) years, if the act does not constitute a more serious crime.

 

Details of the Articles

 

Details of the Articles

 

 “Art. 217-A. ………………………………………….. ……….. ………………………………………….. …………………………………  Paragraph 5. The penalties provided for in the caput and in paragraphs 1, 3 and 4 of this article apply regardless of the consent of the victim or the fact that she has had sex prior to the crime. “(NR)  ” Disclosure of rape or scene of rape of vulnerable, sex scene or pornography  Art. 218-C.    Offer, exchange, make available, transmit, sell or exhibit for sale, distribute, publish or divulge, by any means – including by mass communication or computer or telematic system -, photography, video or other audiovisual record containing scene of rape or rape of vulnerable or apologetic or induces their practice, or, without the consent of the victim, sex scene, nudity or pornography: Penalty – imprisonment, from 1 (one) to 5 (five) years, if the fact does not constitute a more serious crime.  Increased penalty  Paragraph 1. The penalty is increased from 1/3 (one third) to 2/3 (two thirds) if the crime is committed by an agent who maintains or has maintained an intimate relation of affection with the victim or for the purpose of revenge or humiliation.  Exclusion of unlawfulness §2 There is no crime when the agent practices the conduct described in the caput of this article in a journalistic, scientific, cultural or academic publication with the adoption of a resource that makes it impossible to identify the victim, except for his previous authorization, if he is greater than 18 eighteen years.” “Art. 225. In the crimes defined in Chapters I and II of this Title, an unconditional public criminal action is taken. Single paragraph. (Revoked). “(NR) “Art. 226. ………………………………………… (I.e. ………………………………………….. ……………………………….  II – by half, if the agent is an ascendant, stepfather or stepmother, uncle, brother, spouse, companion, tutor, curator, preceptor or employer of the victim or by any other title has authority over it; ………………………………………….. ………………………………. IV – from 1/3 (one third) to 2/3 (two thirds) if the crime is committed:  Collective rape  a) by means of competition of 2 (two) or more agents;  Corrective rape  b) to control the social or sexual behavior of the victim. “(NR) “Art. 234-A. ………………………………………….. (I.e. ………………………………………….. ……………………………….. III – from half to 2/3 (two thirds) if the crime results in pregnancy; IV – from 1/3 (1/3) to 2/3 (two thirds) if the agent transmits to the victim a sexually transmitted disease of which he knows or ought to know to be a carrier, or if the victim is an elderly person or a person with a disability. ” NR) Article 3 Repeals: I – the sole paragraph of art. 225 of Decree-Law no. 2,848, of December 7, 1940 (Criminal Code); II – art. 61 of Decree-Law No. 3,688, of October 3, 1941 (Criminal Offenses Act). Art. 4 This Law shall enter into force on the date of its publication.  Brasília, September 24, 2018; 197 Independence and 130 of the Republic.