Dissentimento ou Consentimento Constrangido de Adolescentes: conjugação dos arts. 163º, nº2 e 164º, nº2 com os arts. 172º e 173º do Código Penal

Following the ratification of the Istanbul Convention by Portugal and, consequently, of its entry into force in our legal order in 2014, it was necessary to make some legislative changes to comply with the obligations imposed by it. Thereby, the Law nº83 / 2015, of 5th of August, amended, in particular, the numbers 2 of articles 163º and 164º of the Penal Code, start covering the situations which the sexual act was not consented or was consented under pressures that do not reach the level mentioned in the 1st numbers. The question that it is placed, is to know if in that cases of constrict consent or dissent of adolescents it is applied the article 172º or 173º of the Penal Code, according the case, or the number 2 of the articles 163º or 164º, heightened for the age factor (article 177º, nº6 of the Penal Code).