Best Sexual Abuse Lawyers in Santa Isabel

About Sexual Abuse Law in Santa Isabel, Brazil

Sexual abuse is a crime under Brazilian federal law and applies equally in Santa Isabel, a municipality in the state of São Paulo. The term covers a range of conduct, including rape, sexual assault without penetration, sexual harassment at work, child and adolescent sexual abuse, sharing intimate images without consent, and unwanted sexual touching. Cases are investigated by the Civil Police and prosecuted by the Public Prosecutor. Victims have the right to emergency protection, medical care, psychological support, and confidentiality during investigations and court proceedings.

Santa Isabel follows federal criminal rules and state procedures. In emergencies, the Military Police can be called immediately. Reports can be made at the local Civil Police precinct and at specialized women’s police units in the region when available. Courts can grant urgent protective measures, and specialized protocols exist for child and adolescent victims to give testimony in a protected manner.

Why You May Need a Lawyer

- To understand your rights, including confidentiality, protective measures, and how the criminal process works.

- To seek urgent protective orders under the Maria da Penha Law when the abuser is a partner, former partner, or family member.

- To guide you through filing a police report, preparing a detailed statement, and preserving evidence.

- To accompany you at the police station, forensic exam, and interviews, ensuring respectful treatment and that procedures are followed.

- To request civil remedies such as compensation for moral damages and reimbursement of treatment costs.

- To help with labor law and workplace issues related to sexual harassment or the need for leave and safety adjustments.

- To coordinate with the Public Prosecutor, request updates on the case, and assist if the case requires private prosecution in limited situations permitted by law.

- To represent the interests of child and adolescent victims, working with guardians, the Tutelary Council, and specialized services.

Local Laws Overview

Brazilian Penal Code crimes relevant to sexual abuse apply in Santa Isabel. Key examples include rape, sexual violation through fraud or deception, sexual harassment in a work hierarchy, sexual abuse of vulnerable persons such as children under 14 or those who cannot offer resistance, and the recording or disclosure of sexual content without consent. Law 13.718-2018 expanded sexual crimes, created the offense of importunação sexual for unwanted sexual touching, and strengthened penalties for crimes involving images.

The Maria da Penha Law 11.340-2006 provides urgent protective measures for women facing domestic or family violence, which includes sexual violence. Measures can order the aggressor to stay away, prohibit contact, remove firearms, and remove the aggressor from the home. Police can request measures quickly, and in risk situations immediate measures can be granted by authorities until a judge decides.

For children and adolescents, the Child and Adolescent Statute applies. There are special procedures for hearing minors in a protected environment under Law 13.431-2017, with minimized revictimization. For crimes against minors, the statute of limitations generally starts running when the victim turns 18, which can extend the timeframe for prosecution.

The Mariana Ferrer Law 14.245-2021 sets rules of respectful conduct during hearings and prohibits humiliation or blame of victims in court. Proceedings in sexual crime cases often run under secrecy of justice to safeguard privacy. Health services have a duty to assist victims and in some cases to report violence, and emergency care is guaranteed in public health units.

In practice in Santa Isabel, the Military Police handle emergencies, the Civil Police investigate, forensic exams are performed by the state forensic institute in the region, and cases are prosecuted by the São Paulo State Public Prosecutor. Protective and criminal matters proceed before the local court or specialized domestic violence court when available in the region.

Frequently Asked Questions

What counts as sexual abuse under Brazilian law?

Sexual abuse includes rape, unwanted sexual touching, coerced or deceptive sexual acts, sexual harassment by someone in a position of authority at work, abuse of children and adolescents, and recording or sharing sexual or intimate images without consent. Many forms of sexual violence are prosecuted even without visible injuries, based on the victim’s account, context, and supporting evidence.

How do I report sexual abuse in Santa Isabel?

In an emergency, call the Military Police at 190. You can go to the nearest Civil Police station to file a Boletim de Ocorrência. In the state of São Paulo, there are specialized Women’s Police Stations in nearby cities that can assist, and the local precinct can also handle sexual crime reports. Bring any evidence you have and a trusted person if you wish. A lawyer is not required to report but can help you prepare and feel supported.

Can I report anonymously?

You can provide tips anonymously through public hotlines like 181 in São Paulo, but a criminal case is stronger when the victim or a direct witness gives a formal statement. If you report formally, your identity is protected from public disclosure, and proceedings may run under secrecy to protect you.

What if the victim is a child or adolescent?

Report immediately to the Civil Police or the Tutelary Council. Children and adolescents are considered vulnerable under law, and sexual acts with those under 14 are crimes regardless of apparent consent. The child should not be repeatedly questioned. Specialized procedures ensure a protected hearing, and medical and psychological care must be arranged quickly.

Do I need to get a medical exam, and how soon?

If the abuse may have left physical or biological traces, seek medical care as soon as possible. Ideally within 72 hours you can receive post exposure preventive medication for infections and emergency contraception. A forensic exam is best done quickly, but it can still be useful later. Do not wash or change clothes if possible before a forensic collection. Your health and safety come first.

Will my identity be kept confidential?

Yes. Brazilian law protects the privacy of sexual violence victims. Your name and identifying information cannot be publicly disclosed, and court records may be sealed. The Mariana Ferrer Law also requires respectful conduct during hearings and prohibits humiliating or blaming the victim.

Do I need a lawyer to move forward with a case?

You do not need a lawyer to file a police report. The Public Prosecutor leads criminal prosecution. However, a lawyer or the Public Defender can represent your interests, request protective orders, help gather evidence, follow up with authorities, and pursue civil compensation when appropriate.

What protective measures are available?

Under the Maria da Penha Law, a judge can order the aggressor to stay away, avoid contact, leave the home, and surrender weapons. These measures can be requested at the police station and are decided quickly. If you already have a protective order, violating it is a crime and you should call police immediately.

Is abortion legal in cases of rape?

Yes. Brazilian law allows abortion in cases of rape, risk to the mother’s life, and anencephaly. Public hospitals have protocols to care for victims of sexual violence. Seek medical services as soon as possible to receive information, support, and the care you choose to pursue.

What evidence should I preserve?

Save clothes, messages, call logs, photos, videos, and names of potential witnesses. Avoid deleting content, and back up data. Write down details such as dates, times, locations, and what happened. Take screenshots of online messages. A lawyer can help organize and present this material effectively.

Additional Resources

Military Police emergency - 190

São Paulo Civil Police - 197

Disque Denúncia São Paulo - 181

Central de Atendimento à Mulher - Ligue 180

Disque 100 - Ouvidoria Nacional de Direitos Humanos

Defensoria Pública do Estado de São Paulo - regional units serve Santa Isabel residents

Ministério Público do Estado de São Paulo - local prosecutor’s office handles criminal cases

Delegacia de Polícia de Santa Isabel - local Civil Police precinct for reporting crimes

Delegacia de Defesa da Mulher - nearest specialized units in the region such as Mogi das Cruzes or Itaquaquecetuba

Conselho Tutelar de Santa Isabel - for cases involving children and adolescents

CRAS and CREAS de Santa Isabel - social assistance and specialized support for victims of violence

Regional public hospitals and municipal health units - emergency care for victims of sexual violence and access to prophylaxis

Instituto Médico Legal da região - forensic examinations when indicated

OAB São Paulo - Bar Association for lawyer referrals and legal orientation

Next Steps

1 - If you are in immediate danger, call 190. Get to a safe place and seek medical attention promptly if needed.

2 - Preserve evidence. Avoid bathing or changing clothes if you are seeking a forensic exam. Save messages and note details.

3 - Report the crime at the Civil Police station. If applicable, ask about the nearest specialized Women’s Police Station in the region. Request urgent protective measures if you are at risk.

4 - Obtain medical care at a public or private health unit for emergency contraception, post exposure prophylaxis, and documentation of injuries. Ask about psychological support services.

5 - Contact a lawyer or the Public Defender to understand your options in the criminal case and possible civil claims. Ask about confidentiality, protective orders, and support services.

6 - For child or adolescent victims, notify the Tutelary Council and ensure that specialized protocols are followed. Limit repeated questioning and seek child friendly services.

7 - Keep a file with your police report number, protective orders, medical records, and a log of incidents or violations. Report any breach of protective measures right away.

8 - Follow up with authorities. Your lawyer can request updates from the police and the Public Prosecutor and can represent you in court if needed.

This guide is informational and not a substitute for personalized legal advice. If you can, speak with a qualified lawyer licensed in São Paulo to receive guidance tailored to your situation.