Amendments to the Penal Code

Brief Description

In 2005, Brazil introduced a number of amendments to its Penal Code in relation to sexual violence. These included:

1. Extending the sentence of two to five years in prison for the crime of kidnapping and false imprisonment, to cases in which the victim was the companion of the perpetrator, the victim of the crime was a minor (less than 18 years old) or if the crime was committed for lecherous purposes.

2. Increasing the sentence for crimes against sexual liberty if the perpetrator is an ancestor, step-parent, uncle, brother, spouse, companion, tutor, guardian, instructor or employer of the victim, or if under any other title, has authority over her;

3. Introducing a provision so that a third party in the crime of inducing someone to satisfy the lasciviousness of another is also deemed to be a perpetrator of the crime for the purposes of determining the penalty.

4. Adding a fine for the crime of international trafficking in persons for prostitution as part of the penalty in all such cases, and a new article to typify the crime of recruiting, transport, transfer, lodging or sheltering of a person who will be prostituting.

5. Revoking the provisions for exempting the perpetrator from punishment in cases where the victim marries the perpetrator or a third party, as well as the crimes of seduction of a virgin woman, kidnapping of an honest woman, kidnapping of a minor with consent and adultery. The amendments also revoke the reduction in the sentence for kidnapping for the purpose of marriage and establishes the cumulative application of a sentence for kidnapping with that for another crime that was perpetrated against the victim after the kidnapping.