CHILD SEXUAL ABUSE | SLUM | LIFE CONTEXT OF THE DEFENDANT AND HIS FAMILY | AFRICAN CULTURE

 

Supreme Court of Justice, proc. 03P3201, 05.11.2003

 

JURISDICTION: Criminal

SUBJECT: Child sexual abuse

RAPPORTEUR: Silva Flor

RULING: Partial grant of the appeal, with reduction of the prison sentence imposed for the practice of a crime of aggravated and continued child sexual abuse, from ten to seven years’ imprisonment, and with the deduction from the sentence to be served the period of pretrial detention that the defendant had already served for the same acts.

DOMESTIC LAW:

Criminal Code [Articles 30(1), 40(1), 71, 79, 80(1), 172(1), 177(1)(a), 178]

Code of Criminal Procedure [80(1), 119(b), 123(1)]

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Child sexual abuse; victim’s interest; unprotected minors; adults’ obligations with regard to children; fragility and limitations associated with young age; life context of the defendant and his family; Cape Verdean origin; living in Portugal for many years; shed; slum; promiscuous conditions; poor housing conditions; profound moral degradation; African culture; mass hysteria; special relationship with the defendant; sexual self-determination; victim's young age; free development of personality; relevant sexual acts;; reiteration of sexual acts; recognised by all peoples, regardless of their cultural specificities; crimes that are relatively frequent within families

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

FRIEDRICH, Nicole, Diferença Cultural Sub Judice: Minorias Étnicas na Jurisprudência dos Tribunais Superiores Portugueses [Cultural Difference in Court: Ethnic Minorities in the Case Law of Portuguese Higher Courts], Braga, University of Minho, 2022, available at https://repositorium.sdum.uminho.pt/?locale=en.

 

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