Opinion (Rogério COPETO / Official GNR): INVESTIGATE THE INFRINGEMENT.
It is punished with imprisonment of three to ten years, who, by means of violence, serious threat, or after, for this purpose, to have become unconscious or unable to resist post, embarrass another person, suffer or to practice, to you or others, copulation, anal or oral coitus or suffering from vaginal or anal introduction of objects or body parts.
Rogério COPETO
Lieutenant Colonel of the GNR
Master in Law and Security and Homeland Security Auditor
Head of the Education Division / Command Doctrine and Training
We begin this article with the wording of the crime of "violation" foreseen and punished by number (n.º) 1 Article (art.º) 164.º, the Penal Code (CP), and the wording of paragraph 2 the same article the following: “QRather, by not comprised in the preceding paragraph, embarrass another person: a) The suffering or practicing, to you or others, copulation, coito anal ou coito oral; or b) The suffering vaginal or anal introduction of body parts or objects; It shall be punished with imprisonment of 1 a 6 year old."
Reading of paragraph 1 e do n.º 2 do art.º 164.º, a first conclusion can be drawn from, there are two types of "violation", more severe than another, and that from here we leave the doctrine and jurisprudence the explanation of the differences between the two types of "violation", prque is not the subject of this article and did not feel able to interpret the wording of article 164, the legally.
This requires densify the definitions of "sexual act", of "violence" and "consent", it remains to be all interpreted in the light of the "Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence", approved in Istanbul in 11 May 2011 and known as "Istanbul Convention".
Without forgetting that in addition to the crime of "violation" the CP predicts and punishes in article 163 the crime of "Sexual Coercion", which in its most severe form may constitute the crime of "violation", the difference being in the type of "sexual acts" committed, these can be divided into "sexual acts of special importance", "Sexual acts relief", "Acts of sexual contact" and "acts of exhibitionism".
And according to the provisions of paragraph 1 of article 164 of the existence of violence it is necessary, to commit the crime of "violation" in its most severe form, not specifying, if violence can be psychological or dissent (no consent) by the victim is sufficient to fill in the type of crime.
Not being the word "consent" used throughout the wording of article 164, hindering its application, most of the "violations", to be perpetrated by an individual from the known male victim, a proximity and trust, not involving so physical strength and in private spaces, so rarely verbalized consent is not.
Note also that the crime of "violation" is semi-public for what needs to be complaint by the victim, except where the interest of the same advice, can the prosecution (MP) begin the process, within six months from the date you became aware of the act and of its authors.
But foquemo us the theme of the article, which is the investigation of the crime of "violation" by the criminal police (OPC), This can be investigated by the PSP or GNR, except when aggravated by the result, by victim's death, in which case jurisdiction of the Judicial Police (PJ).
The investigation of a crime of "violation" by an OPC begins with knowledge of the facts, including the report of the occurrence, research may vary, because each case is different. However, all investigations begin with the same steps, to ensure that is collected as many remains and evidence, ASAP, while that is given all the support and advice that the victim needs.
Whenever there is a "violation" crime, In principle we are dealing with an emergency situation, so the victim lying in immediate danger, because crime is occurring or has just occurred, you must connect your 112 and request the presence of the security forces elements (FS), priority should be these, check if the victim needs emergency medical care, proceeding to the evacuation if so.
Before the arrival of the FS, the most important thing a rape victim should do, It is to ensure your safety.
It is also important to know, that you should not wash or bathe, which will eliminate any biological trace of the offender (semen, sweat, by, etc), so also should not brush, comb or clean any part of the body, including teeth. Do not change clothes, but if you do should store it in a paper bag, especially lingerie. Do not touch or change anything in place, at the scene, and that only then will the OPC may collect traces and evidence that may lead to the identification of the aggressor.
If however the person is able and verbalize what happened, You should try to answer five key questions that the OPC will do: Who did? What happened? where did it happen? When happened? How did it happen?
About offender, if not arrested in flagrante delicto, but are able to identify it and finds it, the same may be held outside of flagrante delicto, by warrant of arrest issued by the MP or the Criminal Police Authority (APC).
If the victim does not need medical treatment, it must be transported to the post GNR or PSP Squared, who have "Salas victim support" which is guaranteed privacy and comfort, and in the case of GNR met by a military of the Center for Research and Support of Victims Specific (NIAVE), with specific training to provide help and support that the victim needs throughout the investigation and subsequent court case.
This military niave will be the single point of contact throughout the investigation, the victim explaining each step of the same, answering any questions, that this may have and, with your consent, forward it to the institutions to support victims of crime.
This support must remain in contact with the MP and the Court, It is the military niave available for support when moving to the Court during the trial hearing
All this support aims to prevent by fear or shame, victims do not denounce the crime of "violation", because they believe that no one believes in them, checking out however that the false charges of "violation" is less than 10%, according to investigation made no UK.
Only denouncing all crimes of "rape" is possible to investigate the crime, protect victims and bring the perpetrators to the Court, checking out however that the increase in this type of crime in the last year is a result of the increased visibility that it has had lately, especially motivated by the movement #Metoo, so if you must take seriously all allegations of "violation".
