Sexual Crimes against Children and Young People:
Portuguese Law Explained

Classification of crimes

A crime is understood as voluntary behaviour (or, in some cases, negligent behaviour) that infringes either the Criminal Code (Código Penal) or other specific laws. The purpose of these laws is to protect and safeguard the legal interests that are fundamental for society, such as life, freedom, physical and moral integrity, sexual self-determination and property.

Depending on how criminal proceedings are initiated and some of their other features, crimes may be classified as public crimes, semi-public crimes or private crimes.

 

Public crimes must be reported by anyone who has knowledge of them; mere suspicion that they are happening or that they happened is enough to start the criminal procedure, and it is not necessary to gather evidence. It is only necessary to provide as much information as possible about the situation (e.g. names, addresses).

 

After the report, the authorities are obliged to start an investigation to assess the reported suspicion. The criminal procedure takes place regardless of the victim's wishes.

 

Semi-public crimes can be reported by anyone, but for the investigation to take place it will be necessary for the victim (if over 16 years of age and capable of doing so) or his/her legal representative to exercise the right to complaint.

 

To find out more about the nature of the crimes, see here.

Reporting a Crime

The communication of a crime can be made in person, by telephone or writing it down, without any formality or payment of any amount.

The whistleblower may not identify himself/herself, although it is usually preferable to identify oneself in order to be called upon later on to collaborate in the investigation.

For tips on the participation of victims and witnesses in a case, see here.

Sexual crimes against children and youngsters

The Portuguese Criminal Code distinguishes crimes of sexual nature in two groups:

  • Crimes against sexual freedom (Art. 163 to 170 of the Criminal Code), which punish all sexual activities committed without the victim's consent, regardless of age;

  • Crimes against sexual self-determination (Articles 171 to 176-B of the Criminal Code), which punish sexual activities with persons under 18 years old. Their existance is directly linked to the need to protect the free development of the personality of the child or young person in the sexual domain.

All the crimes that will be presented below concern forms of sexual violence against children and young people.

Sexual Coercion

Art. 163 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): Sexual act (e.g. touching, caressing, kissing)

Means: constraint and/or violence, serious threat or rendering the victim unconscious or unable to resist (e.g. drugging, tying up the victim)

Rape

Art. 164 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): substantial sexual act (copulation, anal/oral intercourse, vaginal/anal introduction of body parts or objects)

Means(s): constraint and/or violence, serious threat or rendering the victim unconscious or unable to resist (e.g. drugging, tying up the victim)

Sexual abuse of a person incapable of resistance

Art. 165 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): Substantial sexual act or other sexual act

Means(s): taking advantage of an unconscious or otherwise incapacitated person (e.g. physical/psychic incapacity)

Inpatient Sexual Abuse

Art. 166 of the Criminal Code

Nature: public

Type of act(s): Substantial sexual act or other sexual act

Means(s): take advantage of the functions or place the offender exercises or holds, against a person who is hospitalized and entrusted or under his/her care, in places such as prisons, hospitals, educational or correctional establishments

Sexual fraud

Art. 167 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): Substantial sexual act or other sexual act

Means(s): fraudulently taking advantage of a mistake about the offender’s personal identity (e.g. mistake about sex, impersonating a celebrity)

Non-consensual Artificial Procreation

Art. 168 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): acting with the intention of artificially procreating a female person

Means(s): without the consent of the victim

Sexual Harassment

Art. 170 of the Criminal Code

Nature: public, if committed against a minor

Type of act(s): Acts of exhibitionism, making proposals of a sexual nature or coercing the victim into contact of a sexual nature

Sexual abuse of children

Art. 171 of the Criminal Code

Type of act(s):

  • Substantial sexual act
  • Other sexual act
  • Acts of exhibitionism, making proposals of a sexual nature or coercing the victim into contact of a sexual nature, with or without intent to profit
  • Acting through pornographic talk, writing, show or object, with or without intent to profit
  • Enticing to witness sexual abuse or sexual activities, with or without intent to profit

Victim: all children and young people under 14 years of age

Note: attempt is punishable

Sexual abuse of dependent or particularly vulnerable children

Art. 172 of the Criminal Code

Nature: public

Type of act(s):

  • Substantial sexual act
  • Other sexual act
  • Acts of exhibitionism, making proposals of a sexual nature or coercing the victim into contact of a sexual nature, with or without intent to profit
  • Acting through pornographic talk, writing, show or object, with or without intent to profit
  • Enticing to witness sexual abuse or sexual activities, with or without intent to profit

Victim: all children and young people between the ages of 14 and 18, where the offender is a person:

  • who holds parental responsibilities over the victim; or
  • to whom the victim has been entrusted for upbringing or care; or
  • abusing manifest trust, authority or influence over the victim; or
  • who abuses another situation of particular vulnerability of the victim (e.g. health, disability)

Note: attempt is punishable

Sexual acts with adolescents

Art. 173 of the Criminal Code

Nature: semi-public

Type of act(s):

  • Substantial sexual act
  • Other sexual act

Victim: all children and young people between the ages of 14 and 16 on whom the offender abuses inexperience (sexual or otherwise)

Note: attempt is punishable and the offender must be over 18 years old

Use of prostitution of minors

Art. 174 of the Criminal Code

Nature: public

Type of act(s):

  • Substantial sexual act
  • Other sexual act

Means: with payment or consideration

Victim(s): all children and young people between the ages of 14 and 18

Note: attempt is punishable

Child pimping

Art. 175 of the Criminal Code

Nature: public

Type of act(s):

  • Encouraging, favouring or facilitating the exercise of prostitution
  • Enticing a minor to exercise prostitution

Means(s): With or without the following means:

  • Violence
  • Serious threat
  • Pledge
  • Fraudulent manoeuvre
  • Abuse of authority arising from a relationship (e.g. family, employment, guardianship...)
  • Professional action or with lucrative intention
  • Taking advantage of the psychological incapacity or situation of special vulnerability of the victim

Victim: all children and young people up to 18 years old

Child pornography

Art. 176 of the Criminal Code

Nature: public

Type of act(s):

  • Using minor in pornographic performance
  • Causing a minor to participate in pornographic performances
  • Using a minor in pornographic photography, film or recording, by any means
  • Entice a minor into pornographic photography, film or recording, by any means
  • Produce, distribute, import, export, disclose, exhibit or assign, in any way or by any means, pornographic photographs, films or recordings
  • Acquiring or possessing pornographic photographs, films or recordings with the intent to distribute, import, export, disseminate, exhibit or assign them
  • Intentionally acquiring, possessing, accessing, obtaining or facilitating access through a computer system or any other means to pornographic photographs, films or recordings
  • When the offender is at least 18 years old, in person or through a computer system or any other means, watch or facilitate access to pornographic performances by children and young people under 16 years of age

Means(s): with or without the following means:

  • Violence
  • Serious threat
  • Professional action or with intent to profit
  • Using realistic representation of a minor

Victim: all children and young people up to 18 years old

Note: attempt is punishable

Solicitation of minors for sexual purposes (grooming)

Article 176-A of the Criminal Code

Nature: public

Type of act(s): Enticing a minor to meet, with the aim of:

  • Engaging in a substancial sexual act
  • Engaging in any other sexual act
  • Using a minor in a pornographic performance
  • Entice a minor into a pornographic performance
  • Use a minor in a pornographic photograph, film or recording, by any means
  • Entice a minor into pornographic photography, film or recording, by any means
  • Produce, distribute, import, export, disseminate, exhibit or assign, in any way or by any means, pornographic photographs, films or recordings

Means(s): use of information and communication technologies and/or any material acts leading to the encounter (e.g. arranging for the victim's transport, arranging a venue)

Victim: all children and young people up to 18 years of age

Note: the offender must be over 18 years old

Organisation of trips for the purposes of sex tourism with minors

Art. 176-B of the Criminal Code

Nature: Public

Type of act(s): When a person, in the context of their professional activity or with the intention of making a profit, organizes, provides, facilitates or advertises travel, knowing that such travel is intended to commit sexual crimes against a minor

Victim: all children and young people up to the age of 18

Note: it applies even if at the destination the situation does not constitute a sexual crime or is not punished

Disclaimer

Some of the information on this website has been simplified so that it can be understood by everyone. This simplification does not, however, put in question the accuracy and correctness of the contents. The content of this website was created by APAV as part of the CARE plus project, funded by the Calouste Gulbenkian Foundation. The content reflects the point of view of APAV, which cannot be held responsible for any use that may be made of the information contained herein.