Historic Step Forward in Rape Prosecution

By reclassifying rape as a public crime, Portugal gives authorities the power to investigate and prosecute cases, even without the victim opting to press charges against their abuser, thus preventing sexual violence against women who remain mainly on the receiving end of such an offence.

“The goal is to avoid unnecessary confrontation at this stage and work toward a strong, unified law in the specialty phase,” explains Mariana Mortágua, member of Parliament and coordinator of the left-wing party Bloco de Esquerda. The bill is set to head to committee for review of legal details, including the initiation of investigations and the nature of witness protection, to facilitate a broader agreement.

In 2019, Portugal unanimously voted in favour of expanding the definition of rape to cover all sex without consent. Yet, at the time, the country didn’t classify rape as a public crime, a position that human rights campaigners have long criticised as violating the Istanbul Convention, the European Council’s international framework for preventing violence against women. By reclassifying rape as a public crime, changes are made to the Penal Code, Criminal Procedure Code, and the Victim’s Statute, thus bringing Portugal in line with other European countries.