Suspect of raping and arresting an 11-year-old girl in ES | Holy Spirit

HE G1 did not contact the defense of the man.

The girl’s stepfather was also arrested as a suspect, but was released on Friday (28) and is still under investigation. The prison was replaced by precautionary measures and the stepfather denies being involved in the crime.

As it is a minor, the case is secret of the courts. The municipality where the child lives will not be revealed in the report, in order to preserve the identity and safety of the victim.

The eight-week pregnancy was discovered after the girl was treated at a health center in the region.

The girl is being accompanied by a team from the municipality’s Social Service, with the support of a psychologist.

According to a prosecutor in the region, the tests indicated that he had a displacement of the placenta.

As in the case of the São Mateus girl, who became pregnant after being raped by her uncle, she has the right to a legal abortion.

• What the Brazilian law says about rape, rape of vulnerable people and abortion

According to the Civil Police, the case is still under investigation and no other information will be released during the investigations.

The State Health Department (Sesa) was contacted and it was reported that lawsuits related to minors who were victims of rape in the state are being handled confidentially and no information can be released.

The Espírito Santo Court of Justice (TJES) also said that lawsuits involving minors are processed in secret.

Note from the child’s family attorney

The family of the minor and victim of the events narrated by the press reports that they did not pass information on the case to third parties and that only the local Public Ministry and the Civil Police are aware of the case that by law must be followed under the most secret secrecy.

It is important to clarify that the case is being investigated and there is information transmitted inconsistent with the testimony of the minor, who affirmed the practice of the fact by a single individual.

It also informs that no legal measures have been adopted regarding the interruption of the pregnancy caused by the crime, and that the victim has not even been submitted to medical attention by a gynecologist / obstetrician so far.

The victim is reunited with the family in a safe environment with all the attention, care and affection that the situation requires.

At this difficult time, the family asks for everyone’s respect and understanding because the crime involves a child, and because of the sensitivity of the case, it is a matter that must be dealt with in privacy ”.

Rape of vulnerable people and abortion

According to Brazilian law, pregnancy resulting from rape is one of the cases in which abortion is allowed.

In the case of minors under 14 years of age, rape is presumed by law, regardless of the consent of the child or adolescent to have sexual relations or libidinous behavior.

The crime is provided for in article 217-A of the Penal Code and provides a penalty of 8 to 15 years in prison for those who have sexual relations with children under 14 years of age.

Abortion is also authorized in case of danger to the life of the pregnant woman or when anencephaly of the fetus is found.

This Friday, an ordinance of the Ministry of Health was published in the “Official Gazette” that alters the standard procedure that doctors and health professionals must adopt when caring for women who want to have an abortion after becoming pregnant due to rape.

The ordinance brings new requirements, including the offer for the pregnant woman to view images of the fetus, in an ultrasound, and the victim’s submission to a lengthy questionnaire about the rape.

The medical team must also report the case to the police authority, regardless of the victim’s willingness to file a report or identify the perpetrator. In the consent form, the pregnant woman must report, in detail, the sexual violence suffered.

The ordinance also establishes that the pregnant woman will be informed of the legal provision for the crimes of abortion and misrepresentation, if it is not proven that she was a victim of sexual violence and / or rape.

This month, a similar case reverberated across the country. A 10-year-old girl from São Mateus, in the north of Espírito Santo, interrupted her pregnancy after being raped by her uncle.

A DNA test confirmed that the suspect committed the abuse.

The man is charged with the crime and has been in prison since August 18. If convicted, the sentence could be up to 15 years in prison.