Image credits: Agência Brasil

Rape: understand more about the crime against sexual freedom

In recent days, the arrest of player Daniel Alves has taken over the spotlight. The reason? An accusation of rape. The case happened in Spain, but, unfortunately, the crime is very common in Brazil. O Curto will explain to you what Brazilian law considers rape.

@curtonews 66 thousand. This was the number of rape cases registered in Brazil in 2021. #TikTokNews ♬ original sound – Curto News

What is rape?

rape It is a crime against sexual freedom.

Often, people understand the rape as a non-consensual sexual act. This interpretation is mistaken because, in the Penal Code itself, the concept of rape is broader: “to compel someone, through violence or serious threat, to have carnal union or to perform or allow another libidinous act to be performed with them” (Article 213).

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"libidinous act” refers to any action that aims at sexual satisfaction. In other words, it is not just about the sexual act itself. It can be touching private parts and oral sex or penetration.

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Video by: Prof. Diego Pureza

What's the penalty?

For simple rape, the penalty is imprisonment for 6 to 10 years. If the victim is under 18 and over 14, the sentence increases to 8 to 12 years. If you are under 14 years old, the sentence ranges from 8 to 15 years. If the rape is classified as gang or corrective, the penalty increases by one-third to two-thirds of the original punishment.

Is rape a heinous crime? What does that mean?

Yes. The heinous crime is considered an act of extreme gravity. Therefore, if the person is convicted, they receive more severe treatment than in other crimes. Therefore, the aggressor is not allowed bail, amnesty or pardon. And it will take longer to progress through the regime, from closed to semi-open or open.

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Brazil had a rape every 10 minutes

In 2021, Brazil recorded a rape every 10 minutes, second a survey of the Brazilian Public Security Forum (FBSP) published last year. In total, there were more than 66 thousand cases of rape in 2021.

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