A bill that establishes a criminal protocol for the action of competent authorities in cases of rape awaits the appointment of a rapporteur in the Health Committee of the Chamber of Deputies. The bill, which is being processed conclusively, also needs to pass through the Public Security and Organized Crime Combat Committee; and the Constitution and Justice and Citizenship Committee, before being sent for consideration in the Senate. Speed in collecting evidence The text establishes deadlines for conducting a body examination, administering prophylactic cocktails, and holding a custody hearing, as well as other victim care measures. The author of the proposal, Deputy Colonel Fernanda (PL-MT), explains that the goal is to ensure quick and adequate care, with the preservation of evidence against the aggressor. In her justification, the deputy states that the “criminal protocol was developed based on the best international practices and the commitment to guarantee justice and protection to rape victims in Brazil.” Necessary measures According to the text, when the police authorities are informed about the occurrence of rape, they must obligatorily register a police report and immediately inform the Public Prosecutor’s Office about the crime. The victim must be referred to undergo a body examination within 12 hours, from the moment the police authority became aware of the case. The examination should include the collection of biological material for subsequent analysis and genetic comparison, even when the perpetrator is unknown. The police must take all necessary measures to preserve the crime scene and physical evidence that may contribute to the investigation. Medical and psychological care Under the project, the victim should receive, within 12 hours, the administration of cocktails to prevent sexually transmitted infections (STIs). The morning-after pill should also be provided to prevent a possible pregnancy, if the victim consents. The person should also be informed about their rights, including the possibility of receiving psychological, medical, and social assistance. Custody hearing With the confirmation of authorship, the suspect must be presented to the competent judicial authority within 24 hours for the custody hearing. The confidentiality of the victim’s personal information should be ensured to protect them from exposure and embarrassment. Health and public safety professionals involved in the care of rape victims should receive specific training to ensure humane and efficient care. Penalties provided If the breach of the protocol results in harm to the investigation or the protection of the victim, the public agent may be criminally and administratively liable for acts of omission and negligence. Abortion in Brazil: Law has remained virtually unchanged since 1940.
