The Porto Court of Appeal, in a ruling dated October 15, partially upheld the appeal filed by the defendant, overturning the additional penalty imposed in the first instance, which barred him from working in positions involving contact with minors for five years.
The defendant, a physical education teacher and coach at an athletics club he founded in Matosinhos, was sentenced by the local court to a one-year and two-month prison term, with the sentence suspended for an equal period, for a crime of child sexual abuse.
In addition to the prison sentence, he was also sentenced to an additional penalty prohibiting him for five years from exercising any profession, job, public or private roles, the execution of which involves regular contact with minors.
However, the appellate judges concluded that the defendant’s proven behavior was an isolated episode in a long professional career, falling “at a light or reduced level of severity.”
“Despite the defendant’s conduct being highly reprehensible, both ethically and professionally, considering the circumstances and his profile, there are no preventive needs justifying the application of an additional prohibition penalty from exercising the profession and other activities involving regular contact with minors for such a long period of five years,” the ruling states.
The incident occurred in April 2023 at a primary school in Matosinhos when the victim was taking a written Portuguese test, alone in the classroom with the defendant, who was acting as a monitor.
The court found that when the test was completed, as the victim was about to leave the room, the defendant placed his hand on her left buttock and squeezed it for a few seconds, groping her.
During the trial, the defendant denied the allegations, claiming there was no type of contact between himself and the minor, making any sort of physical touch, even unintentional, impossible.
