Lula sanctions a law that increases the penalty for rape of vulnerable people up to 40 years old

President Luiz Inácio Lula da Silva (PT) sanctioned this Monday 8 the law that increases sanctions for sexual offenses against vulnerable people. The rule was published in the Official Journal of the Union on Monday, but was approved by the Senate in November. The changes particularly affect crimes involving children, adolescents and people with disabilities and increase the maximum sentence up to 40 years in prison, depending on the seriousness of the attack.

Among the new provisions, the text provides for more severe sanctions for different types of sexual violence.

• Rape of a vulnerable person: imprisonment of 10 to 18 years;
• Rape causing serious bodily harm: imprisonment of 12 to 24 years;
• Rape with death: 20 to 40 years in prison;
• Corruption of minors: imprisonment of 6 to 14 years;
• Having sexual relations in the presence of a minor under 14 years old: imprisonment of 5 to 12 years;
• Subjecting a minor to sexual exploitation: 7 to 16 years in prison;
• Transmission or sale of rape scenes: imprisonment of 4 to 10 years.

In addition to changing the penalties, the law also introduces the offense of failure to comply with urgent protection measures directly into the Penal Code, with a provision punishable by a prison sentence of two to five years. Until now, this possibility was only provided for by the Maria da Penha law.

Other changes in legislation

Another central point is the compulsory collection of biological material (DNA) from people convicted and investigated for sexual crimes, which will allow the creation of a bank of genetic profiles for identification purposes.

In the procedural phases, judges will be able to immediately apply protective measures such as suspending the possession of weapons, prohibiting approaching the victim and using electronic ankle bracelets. In some cases, the protected person will receive an electronic alert if the attacker approaches.

To obtain progression in the regime or benefits authorizing release from prison, the convicted person must undergo a criminological examination, which must prove that there is no risk of recurrence of the same type of crime. Electronic monitoring also becomes mandatory for people convicted of crimes against sexual dignity and violence against women upon their release from prison.

The text also modifies the status of children and adolescents by extending medical, psychological and psychiatric support to the families of victims of sexual crimes. In the case of the Disabled Persons Status, the law extends the right to psychological assistance not only to victims, but also to family members and companions in the event of victimization linked to sexual crimes.