“Transforming the crime of rape into a public crime may further alienate male and female survivors from support services. It could be another door that closes,” stated Ângelo Fernandes, founder and president of Quebrar o Silêncio, in a communication.
The official argued that to truly protect victims, it is essential to start by listening to them, respecting their timing, and ensuring the justice system supports them, asserting that while the measure may seem well-intended, there are real concerns about its impact on victims’ well-being, safety, and autonomy.
Practically, making rape a public crime would mean that anyone, whether a healthcare professional, law enforcement officer, family member, or acquaintance, could report a case and initiate a criminal process without the victim’s consent, he warned.
This legislative change to make rape a public crime, focused on punishing the aggressor, could entirely overlook the time, preparation, and recovery needs of sexual violence victims, he further explained.
The association advocates that it is essential to ensure no victim is forced to undergo a traumatic judicial process for which they are unprepared, reminding that the moment of reporting is deeply personal and must be respected.
“Justice that ignores the victim’s voice can become, in itself, a new form of violence,” the official warns.
The association points out that the Portuguese judicial system is far from ensuring effective responses to victims, exemplified by the case of a university student raped by a colleague, where the perpetrator was convicted but received a suspended sentence, justified by the argument that courts do not exist to destroy lives.
The association argues that before making the crime public, it is necessary to ensure that rape crimes actually result in effective prison sentences rather than mild reprimands, noting that most victims do not report due to fear, shame, or lack of trust in institutions.
“Making the crime public does not resolve these obstacles — on the contrary, it may worsen them,” he added.
For male victims of sexual violence, silence tends to last on average 20 years before seeking support, and if there is a risk that asking for help could automatically lead to a criminal process being opened, many may never take that step, he warned.
Social Democrat deputy Eva Brás Pinho announced on Thursday, during the debate on the bills presented by BE, PAN, Chega, and Livre, which would allow anyone to report a rape and not just the victim, that the PSD will “monitor the legislative evolution” prescribed in the law projects but emphasized that any changes must safeguard the victim’s will.
If approved, the bills will lead to amendments to the Penal Code, the Code of Criminal Procedure, and the victim’s statute.
