Anyone who does not report situations of danger, abandonment and violence against children and adolescents may be liable for the crime of failure to provide assistance, as provided for in the Penal Code. The Henry Borel law also provides for punishments for those who fail to act.
Public employees who fail to perform their duties, in schools, health centers and social assistance services, among others, may be liable for the crime of malfeasance.
How to report sexual violence
In Brazil, any sexual act without consent is a crime. Touching without permission, touching, touching, attempts at forced kisses and also cases in which there is masturbation or ejaculation in front of the victim are considered sexual harassment.
The law, in force since September 2018, defines any libidinous act carried out against someone without their consent as a crime. The penalty is 1 to 5 years in prison.
The difference with rape is that, in this case, there is violence or serious threat. And it is considered rape of a vulnerable person — an even more serious crime — any libidinous act with minors under the age of 14 or with anyone who, “due to illness or mental disability, does not have the discernment to carry out the act, or cannot offer resistance.” In sexual harassment, there must be a hierarchical relationship.
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