Sexual offenses and acts of gender-based violence are among the most serious offenses under the Penal Code and also the most sensitive. Their handling demands technical rigor — the evidence is often complex and both the defense and the prosecution are built on details — and at the same time respect for the dignity of victims and defendants, who each have the right to a fair trial.
We assist both victims and accused persons through two separate, specialized practices. Private prosecution protects the victim and actively drives the investigation. Criminal defense upholds the presumption of innocence, scrutinizes the evidence and, where appropriate, demonstrates the absence of the offense or lack of authorship. Every case is evaluated in absolute confidence.
The Penal Code regulates sexual offenses in arts. 119 to 133. They include simple sexual abuse, aggravated sexual abuse, sexual abuse with penetration, corruption of minors, promotion of prostitution, production and distribution of child sexual abuse material, grooming (art. 131), and related offenses.
We analyze in detail the evidence, the victim's testimony, psychological expert reports, and circumstantial evidence, raising the relevant defense arguments: contradictions, procedural defects, errors in Gesell chamber hearings, and alternative evidence. We apply constitutional standards on the presumption of innocence and due process.
We support the victim from the initial report, coordinating with experts, psychological assistance, and protection mechanisms. We drive the investigation, supervise the evidence, and sustain the prosecution in the oral trial.
The Penal Code includes femicide as an aggravating circumstance: a man's killing of a woman in the context of gender-based violence. Attempted femicide is increasingly applied. Both defense and private prosecution require specialization.
Minor, serious, or very serious injuries are aggravated when the offender is the victim's current or former partner and gender-based violence is present.
Threats are aggravated when the victim is in a position of vulnerability on gender grounds. Harassment (stalking) may constitute an autonomous offense or be characterized as repeated threats.
Orders issued under family court proceedings (Law 26.485) carry criminal backing: violating them constitutes the offense of disobedience. Reporting and prosecution are essential for the system to function.
Is the victim's report sufficient evidence for a conviction?
The victim's testimony is the central piece of evidence, especially in these cases where there are no witnesses. However, it must be assessed together with other evidence. A conviction requires certainty, not mere plausibility.
A false report has been filed against me. What can I do?
The defense requires rigorous analysis of the account, a psychological expert report, identification of contradictory elements, and alibi evidence. Where the falsehood is clear, criminal proceedings for false report (art. 245 PC) may also be initiated.
Can the victim withdraw the report?
In sexual offense cases, prosecution generally depends on a private complaint (art. 72 PC): the victim may choose not to file a complaint, but once filed it cannot simply be withdrawn. The prosecutor evaluates each case.
How long does a trial for these offenses take?
Between 1 and 3 years until the oral hearing, depending on the complexity and the court's schedule. Professional support and coordination with other protective tools are essential throughout the entire period.
How is the victim's confidentiality guaranteed?
The process provides for identity protection in many procedural acts and prohibits disclosure of personal data. We also coordinate with complementary protection mechanisms.