Landmark change aligns country with rest of Europe and aims to strengthen protections for victims
Portugal‘s Parliament has approved several proposals to reclassify rape as a public crime, giving authorities the power to investigate and prosecute rape cases even without a formal complaint from the victim.
The vote took place this Friday afternoon (July 11), marking a significant shift in how the Portuguese justice system approaches these kinds of sexual crimes.
Under the new rules, witnesses can report rape, and investigations can begin immediately – whether or not the victim wishes to press charges.
The proposals from Bloco de Esquerda (BE), LIVRE, and PAN passed with support from PSD and Chega. Several PS (Socialist Party) MPs also voted in favour, despite their party’s official abstention on some proposals, including Chega’s.
That abstention sparked questions, but PS parliamentary leader Eurico Brilhante Dias later released a video explaining the party’s position.
“By making this crime public, the Public Prosecutor’s Office no longer consults the victim before moving forward,” he said.
“The automatic nature of this change removes the victim’s voice, and we cannot shut out someone who has suffered such a horrific crime,” he added.
Despite the broad consensus, several parties still expressed technical or procedural concerns. Mariana Mortágua from BE noted that the bill may now head to committee, where legal details – like how investigations begin or how victims are protected – can be fine-tuned to reach a broader agreement.
“The goal is to avoid unnecessary confrontation at this stage and work toward a strong, unified law in the specialty phase,” she said.
The approved law will bring changes to the Penal Code, Criminal Procedure Code, and Victim’s Statute.
This change marks the end of Portugal’s outlier status in Europe. Until now, only Portugal, Italy and San Marino had yet to classify rape as a public crime – a stance long criticized for contradicting the Istanbul Convention, the European Council’s international framework for preventing violence against women.
The vote brings Portugal’s treatment of rape in line with its approach to domestic violence, which has been considered a public crime for years.
