Rape victims who had an abortion in Brazil could face harsher penalties than the rapist if the bill is passed – 14.06.2024 – Brazil

A woman carrying a pregnancy resulting from rape who has an abortion after 22 weeks could face a harsher sentence than her rapist. This is the case if the law PL 1904, currently being discussed urgently in the Chamber of Deputies, is approved. The project aims to establish a 22-week deadline for abortions where the fetus is viable, creating flexibility in cases where abortion is permissible, such as rape, endangering the life of the mother and fetal anencephaly, and increasing the penalty for those who undergo the procedure after the deadline.

The aim of the proposal is to make the penalty for abortion the same as the prison sentence for simple murder. The woman who undergoes the procedure will therefore have to serve a prison sentence of between 6 and 20 years if convicted. The penalty for rape in Brazil is between 6 and 10 years. For assault, it is between 8 and 12 years. The only penalty that can be higher is if the victim dies. The penal code provides for a prison sentence of between 12 and 30 years.

The content of the bill still has to be voted on in Parliament and it must be approved by the Senate and approved by President Lula (PT). The proposal proposes to amend Articles 124, 125 and 126 of the Penal Code and limits the impunity of doctors who perform the procedure provided for in Article 128. The penal change would only apply to acts committed after the approval and would not have retroactive effect. Criminal law experts consulted by the Commission Folha say the project includes unconstitutional changes.

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