Ausência de resistência no crime de violação

Abstract

The ratification of the Istanbul Convention by Portugal, in 2013, promoted several legislative changes, through which it became established in article 164 of the Penal Code, to date, that constraint is the main element of the crime of rape. Furthermore, the most serious situations (which were previously the only ones foreseen) were differentiated from the less serious ones, in which physical violence, serious threat, being unable to resist or rendering unconscious are not required. The expression “against the knowing will of the victim” was added to number 3 of the article to clarify what is meant by constraint. However, the question arises as to whether these recent changes are sufficient and adequate to the practical reality of the legal type.

Date of Award	25 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)