Outline:
Portugal Reclassifies Rape as a Public Crime
Portugal has made a significant legal shift by reclassifying rape as a public crime, marking a major change in how the country handles sexual violence. This reform, which came into effect on Friday, allows authorities to investigate and prosecute cases of rape without requiring a formal complaint from the victim. The decision reflects a growing commitment to ensuring justice for survivors and addressing long-standing gaps in the legal system.
The proposal was supported by several political parties, including Bloco de Esquerda (BE), LIVRE, and PAN, with additional backing from the Social Democratic Party (PSD) and the right-wing Chega. However, not all members of these parties were in agreement, as some PSD and Chega MPs chose to abstain from voting, raising questions about the broader implications of the law.
Under the new rules, witnesses can now report incidents of rape, and investigations can begin immediately, regardless of whether the victim chooses to press charges. This move aims to reduce the burden on victims and ensure that perpetrators are held accountable, even if the victim is unwilling or unable to come forward.
Despite this broad support, there were moments of tension within the parliamentary chamber. Several Socialist Party (PS) MPs voted in favor of the reclassification, even though their party had officially abstained from supporting certain proposals. This led to confusion and prompted PS parliamentary leader Eurico Brilhante Dias to release a video explaining the party’s position.
In his statement, Dias highlighted concerns about the automatic nature of the law, noting that it removes the victim’s voice from the process. “By making this crime public, the Public Prosecutor’s Office no longer consults the victim before moving forward,” he said. “The automatic nature of this change removes the victim’s voice and we cannot shut out someone who has suffered such a horrific crime.”
While the law received widespread approval, several parties raised technical or procedural concerns. Mariana Mortágua from BE mentioned that the bill may now be sent to a committee to discuss legal details, such as how investigations will start and the nature of witness protection. Her goal is to avoid unnecessary confrontation and work toward a strong, unified law in the next phase.
The approved law introduces changes to the Penal Code, Criminal Procedure Code, and the Victim’s Statute. These updates are intended to provide a more comprehensive framework for addressing sexual violence and ensuring that victims receive the support they need.
This reclassification marks the end of Portugal’s status as an outlier in Europe. Previously, Portugal, along with Italy and San Marino, did not classify rape as a public crime. This position had been widely criticized by human rights campaigners, who argued that it violated the Istanbul Convention, the European Council’s international framework for preventing violence against women.
In 2019, Portugal’s parliament took another important step by unanimously changing the law to expand the definition of rape to include all sex without consent. This brought the country in line with just seven EU countries that have a similar wide definition. Prior to this, the law required prosecutors to show that an attack involved “violence,” which left many victims unprotected, especially those who were unconscious or coerced into having sex against their will.
This latest reform represents a crucial step forward in Portugal’s efforts to combat sexual violence and protect its citizens. It reflects a growing recognition of the importance of prioritizing the safety and dignity of victims while ensuring that justice is served.