The Public Ministry (MP) filed a complaint against a woman with mental disabilities who was allegedly raped by a patient in the bathroom of the Magalhães Lemos psychiatric hospital in Porto. The case dates back to 2019 and entered the submission stage in 2023. In accordance with News DiaryProsecutors believe that despite the victim’s lack of sexual self-determination, the sex could have been consensual.
For Christmas 2019 “Maria” [nome fictício] was found lying on the floor of the hospital ward. When asked what she was doing there, the victim began to cry. She later admitted that she had been raped: “I don’t know his name, but he hurt my dick and my ass,” she said at the time. Because it happened in the bathroom, the hospital did not have CCTV images.
“No element of fact that can be proven can be drawn from the case that the defendant knew that she was incapable of giving that consent and, as such, that it was valid, or that the defendant took advantage of the aggrieved party’s failure to object to his proposal of sexual content,” says the deputy’s resolution, to which DN had access.
According to the deputy, one of the reasons for closing the case is that the victim, due to his intellectual weakness, was unable to give specific testimony about what happened, unlike the defendant, “who presented a reasonable version of what happened.” data”.
The attacker, who was in hospital at the time of the incident, does not suffer from mental retardation. He said the sexual acts were carried out at the victim’s request and that as soon as he asked to stop due to pain, he did so.
“I did not threaten, did not hit, did not force anyone or grab anyone by force. A little girl fell in love with me and did not calm down. I didn’t want to, because she doesn’t have all her abilities, there’s a delay until I can’t stand it,” the defendant said.
The victim’s family is asking for the case to be reopened and has already filed several appeals. The last of these was refused on March 4 on the grounds that the victim, despite cognitive and emotional difficulties, had the capacity for sexual self-determination.
Author: morning Post
Source: CM Jornal
I’m Sandra Hansen, a news website Author and Reporter for 24 News Reporters. I have over 7 years of experience in the journalism field, with an extensive background in politics and political science. My passion is to tell stories that are important to people around the globe and to engage readers with compelling content.