Unregistered MP Cristina Rodrigues (former MP MP) tabled a proposal this Monday to create a sentence of two to five years in prison for those who register or post photos or videos of nudity or sexual character without the victim’s consent. Currently, criminalization is only envisaged if it is part of a crime of domestic violence, against privacy of personal life and against illegal crimes and photos.
In the bill presented to the Assembly of the Republic this Monday, the MP defends the right to “sexual freedom and self-determination by criminalizing the unauthorized disclosure of photos or videos containing nudity or sexual acts”, arguing that the regime Violence does not adequately protect victims.
Cristina Rodrigues’ legislative initiative also provides for a tightening of the proposed penalties if the crime committed by two or more people together against someone under the age of 16 or against someone “particularly vulnerable” or with whom there is “a” family relationship ” The penalty may be higher if it is shared on the Internet or in “widespread” ways and has “identifying elements of the victim” or “if it leads to the victim’s suicide”.
In addition, the MEP calls for the dissemination of videos and intimate photos to be considered a public crime, bearing in mind that the current legal framework already provides for this if the unauthorized disclosure of such content is part of the domestic violence crime. Cristina Rodrigues argues that the dissemination of this content “can cause serious and irreparable harm to victims” in their personal, social and professional lives.
The pandemic has increased the sharing of illegal content
Although legal and criminal protection of privacy has been strengthened in recent years, the changes have not reduced the practice of this crime, the MP writes, since “the perpetrator is not always motivated by feelings of retribution and revenge, nor is he necessarily required to do so be an ex-husband or ex-boyfriend of the victim, and he may be a complete stranger. “
The MP also talks about upskirting – situations in which someone photographs or films women’s underwear without their consent – and stresses that there is not always a relationship between the attacker and the victim, which is why criminal protection is necessary to guarantee protection for the victim .
In the diploma submitted to Parliament, Cristina Rodrigues states that the unauthorized distribution of digital content of a sexual nature “with the restriction imposed by covid-19 increased even more when several groups appeared on Telegram in which it was shared. illegal., digital content involving Portuguese women posted on limited access platforms. “