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KIDNAPPING | RAPE | FOREIGN TOURISTS | VICTIM’S CONTRIBUTION TO THE CRIME OF RAPE

 

 

Supreme Court of Justice, proc. 40268, 18.10.1989

 

JURISDICTION: Criminal

SUBJECT: Kidnapping and rape

RAPPORTEUR: Vasco Tinoco

RULING: Partially grants the appeal lodged by the Public Prosecutor against the lower court decision which had convicted one of the defendants for one count of kidnapping and one count of rape in a single penalty of three years and four months imprisonment. The Supreme Court changed the partial and the single penalties applied to the defendant, so that the single penalty was risen to four years imprisonment.

DOMESTIC LAW:

Criminal Code [Articles 13, 24, 73, 74, 160, 201(1)]

Code of Criminal Procedure (Article 403)

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Kidnapping; rape; foreign tourists; victim’s contribution to the crime of rape; highly personal legal goods; repugnant crime; young women; hitchhiking; aware of the danger; touristic area of international repute; sexual behaviour much more liberal and relaxed than that of most natives; Yugoslav nationality; obedient, well behaved, quiet and respectful boy; modest social and economic condition; first-time offender; reserve of the so-called “Iberian macho man”; native country; attraction to the opposite sex; girls with an experienced and uninhibited sexual behaviour; soon stopped offering resistance to the rape

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

MOTA, Francisco Teixeira da, “Recortes – O «macho ibérico» e o Supremo Tribunal de Justiça” [The «Iberian macho man» and the Supreme Court], Revista do Ministério Público, no. 49, 1992, pp. 195-196.

PEREIRA, António Garcia, “Silêncios de chumbo” [Silence of lead], Notícias Online, 17.01.2019, available at .

PEREIRA, Rita Garcia, “O regresso do «macho ibérico»” [The return of the «Iberian macho man»], Jornal Económico, 26.10.2017, available at .

VENTURA, Isabel, Medusa no Palácio da Justiça ou Uma História da Violação Sexual [Medusa at the Court of Justice or An History of Sexual Assault], Lisbon, Tinta da China, 2018.

 

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Posted inVICTIM’S CONTRIBUTION TO THE CRIME OF RAPE KIDNAPPING FOREIGN TOURISTS RAPE
TagsAttraction to the Opposite Sex Highly Personal Legal Goods Sexual Behaviour Much More Liberal and Relaxed Than That of Most Natives Aware of the Danger Victim's Contribution to the Crime of Rape Reserve of The So-Called “Iberian Macho Man” Repugnant Crime First-Time Offender Modest Social and Economic Condition Yugoslav Nationality Native Country Hitchhiking Girls With an Experienced and Uninhibited Sexual Behaviour Young Women Obedient Well Behaved Quiet and Respectful Boy Soon Stopped Offering Resistance to the Rape Kidnapping Foreign Tourists Rape Touristic Area of International Repute