Brazil. Sexual violence by strangers

01. Call the Police

— How to call the police?

Report the incident. There are Specialized Police Stations for Women, with professionals trained to serve women victims of violence. However, it is possible to file a complaint at any Police Station or at the Public Defender’s Office. You can call the number 181 — Crime Reporting Hotline. Call 100: Human Rights Violations Hotline

You can also report domestic violence situations through the Women’s Hotline (Central de Atendimento à Mulher) by calling the number 180. The complaint is anonymous and free, available 24/7, nationwide.

— Do I need documents/being registered in the country to call the police?

Yes, you need to have documents to call the police.

— When I call the police, what language should I speak?

Portuguese, Spanish or English.

— Do authorities have to provide me with a translator if I do not speak the local language? If yes, where is it stipulated and how can I ask for a translator?

Yes, the authorities can provide you with the translation if you don’t speak local language. The law of Maria de Penha has the provisions for this.

02. Get medical help

— How to get medical help?

In case of urgency or emergency, contact:

• Emergency Care Unit (UPA): these units provide basic medical care 24 hours a day, every day.
• Hospitals and Emergency Room (ER): some of these units are open 24 hours a day, every day. These units offer medical assistance to more complex cases, including hospitalization.
• Call an ambulance, dial 192.

Look for the medical centers closest to your residence at CONECTE SUS. On the website, you will find all the medical services closest to your home.

— When I call the ambulance, what language should I speak?

Portuguese, Spanish or English.

— Do I need money/documents/being registered in the country to get medical help?

Public healthcare is provided to all Brazilian permanent residents and foreigners in Brazilian territory through the National Healthcare System, known as the Unified Health System (Portuguese: Sistema Único de Saúde, SUS). The SUS is universal and free for everyone.

— Legislation punishing domestic and intimate partner sexual violence?

Criminal Code, Article 213 (introduced by Law No. 12,015/2009).

Establishes the crime of rape: to coerce someone through violence or serious threat, to practice sexual act or similar. The established penalty is six to 30 years of imprisonment.

Criminal Procedure Code of 1941 (including related amendments in 2011, 2016, 2017 and 2018).

Establishes procedures for criminal offenses:

• In cases of domestic violence, it establishes the possibility of the offender’s provisional arrest to guarantee the effectiveness of protective measures ordered in favor of the victim.
• In cases of domestic violence, the evidence collection will take priority over other technical exams.
• Only women can carry out a strip search of anotherwoman.
• It is prohibited to put handcuffs on pregnant women who are receiving medical/hospital treatment in preparation for childbirth or after.
• Home confinement is permissible as a substitution for the provisional arrest (before the trial) if the woman is pregnant or has a child up to 12 years old as long as she is not accused of violent crime/crime committed by serious threat or a crime against her children or any person who depends on her

Criminal Code, Article 121, (introduced by Law No. 13,104/2015).

Sets special punishment for killing women exclusively because of their gender. A crime qualifies if the crime (i) involves domestic or family violence or (ii) disregard or discrimination against a person based on the fact that they are a woman. The established penalty is 12 to 30 years of imprisonment.

Criminal Code, Article 215 (introduced by Law No. 12,015/2009).

Establishes the crime of sexual violation through fraud: the conduct of practicing sexual acts through fraud or any means that hinder the victim’s free will. The established penalty is two to six years of imprisonment.

Criminal Code, Article 215- A (introduced by Law No. 13,718/2018).

Establishes the crime of sexual harassment: the conduct of practicing any libidinous act without consent to satisfy his/her own or a third party’s lust. The established penalty is one to five years of imprisonment.

03. List of local (N)GOs who can help victims of domestic and sexual violence?

— List of local (N)GOs who can help victims of sexual violence

Department for the Protection and Defense of Human Rights of the Ministry of Women, Family and Human Rights

Telephones: (61) 2027-3152 and (61) 2027-3993

E-mails:  witness@mdh.gov.br and depddh@mdh.gov.br

Opening hours: from 8 am to 6 pm

This is a service of the Ministry of Women, Family and Human Rights . In case of doubts, complaints or suggestions, please contact him.

The Women’s Assistance Center  

Call 180 provides qualified listening and assistance to women in situations of violence. The service registers and forwards complaints of violence against women to the competent bodies, as well as complaints, suggestions or compliments about the functioning of the assistance services.

The service also provides information on women’s rights, such as the closest and most appropriate places of assistance for each case: Casa da Mulher Brasileira, Reference Centers, Delegacias de Atendimento à Mulher (Deam), Public Defenders’ Offices, Integrated Centers for Assistance to Women, among others.

The call is free and the service operates 24 hours a day, every day of the week. All people who call reporting events of violence against women are answered.

Link 180 serves the entire national territory and can also be accessed in other countries.

MARIA DA PENHA INSTITUTE

The Maria da Penha Institute aims to contribute and strengthen mechanisms to curb and prevent domestic and family violence against women, according to art. 1 of Law no. 11,340/2006. For this, we count on the support of organized civil society and institutions committed to their role as a social transformer.  And the role of the Maria da Penha Institute in this context is to stimulate and contribute to the full application of the law, as well as to monitor the implementation and development of best practices and public policies for its fulfillment, promoting the construction of a society without domestic violence and family against the woman.

Contact numbers: +55 85 4102 5429, +55 85 98897 6096

E-mail: atendimento@institutomariadapenha.org.br

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