Quote from Alex bobby on July 12, 2025, 6:03 AM

Portugal Reclassifies Rape as a Public Crime, Aligning with European Standards

In a landmark decision on Friday, Portugal’s parliament voted to reclassify rape as a public crime, empowering authorities to investigate and prosecute such offence’s without requiring a formal complaint from the victim. The move aligns Portugal with the legal standards of most European countries and marks a significant shift in the country's approach to sexual violence.

The reclassification, proposed by the Bloco de Esquerda (BE), LIVRE, and PAN parties, garnered cross-party support, including from the centre-right Social Democratic Party (PSD) and the far-right Chega. The vote ended Portugal’s longstanding position as one of the few European nations where rape was not automatically treated as a public crime—a distinction it previously shared with Italy and San Marino.

Under the new law, witnesses can report sexual assaults, and law enforcement agencies can initiate investigations without the victim’s explicit request. This means the Public Prosecutor’s Office now holds the authority to pursue a case independently, aiming to reduce the burden on victims who may feel too traumatised, fearful, or ashamed to file a complaint.

A Divided But Decisive Vote

Despite the overall approval, the vote was not without internal divisions. Several PSD and Chega MPs abstained, and although the Socialist Party (PS) had officially abstained from some proposals, a number of its members voted in favour of the reclassification. This sparked confusion and debate within the chamber.

In response to the criticism, PS parliamentary leader Eurico Brilhante Dias released a video explaining the party’s nuanced position. While acknowledging the significance of the change, Dias expressed concern over the potential loss of agency for victims.

“By making this crime public, the Public Prosecutor's Office no longer consults the victim before moving forward,” Dias stated. “The automatic nature of this change removes the victim’s voice, and we cannot shut out someone who has suffered such a horrific crime.”

Striking a Balance Between Justice and Victim Autonomy

This tension—between the need to prosecute serious crimes and respecting a victim’s autonomy—was at the heart of parliamentary debate. While most lawmakers and advocacy groups hailed the reclassification as necessary progress, others urged caution. Some feared that removing the need for victim consent could lead to secondary victimisation, especially if cases proceed against a victim’s wishes or without their participation.

Mariana Mortágua, parliamentary leader of the BE, emphasised the importance of refining the law in the next phase. The bill is expected to head to committee, where legal technicalities—such as procedures for launching investigations and witness protection measures—will be discussed in detail.

“The goal is to avoid unnecessary confrontation at this stage and work toward a strong, unified law in the specialty phase,” Mortágua said.

A Historic Shift in Portuguese Law

This decision also modifies the Penal Code, Criminal Procedure Code, and the Victim’s Statute, solidifying the legal framework around public crimes. It builds on Portugal’s earlier milestone in 2019, when lawmakers unanimously expanded the legal definition of rape to cover all sex without consent—a move that placed the country among just seven EU states with such a broad legal definition at the time.

Previously, Portuguese prosecutors had to prove that a rape involved physical violence or coercion, a standard that often excluded cases where victims were unconscious, incapacitated, or emotionally manipulated. Human rights advocates have long criticised this requirement as being inconsistent with the Istanbul Convention, the Council of Europe’s treaty on preventing violence against women and domestic abuse.

By reclassifying rape as a public crime, Portugal has now addressed another key area of concern raised by international human rights organisations, including Amnesty International and the European Women’s Lobby.

The European Context

The decision brings Portugal into alignment with most of its European peers, where rape is treated as a crime of public interest and state responsibility, rather than a matter left to the discretion of the victim. In many jurisdictions, this classification has improved the ability of police and prosecutors to intervene early, collect evidence, and prevent further harm.

While Portugal’s change is a positive step, it also highlights the varying standards across Europe when it comes to sexual violence legislation. Even within the EU, definitions of consent and procedures for prosecution can vary widely.

Looking Ahead

As the bill moves into the specialty phase for legal fine-tuning, Portugal has an opportunity to build a comprehensive legal and support system that not only ensures justice but also protects and empowers victims.

Lawmakers will need to ensure that the new procedures are victim-centred, with adequate psychological, legal, and social support services in place. Striking the right balance between state intervention and victim autonomy will be crucial to ensuring that this landmark reform does not inadvertently silence the very people it seeks to protect.

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