Court of Appeal convicts man to 6 years for sexual assault of minor in Azores
The Lisbon Court of Appeal overturned an acquittal and sentenced a 25-year-old man to six years and six months in prison for the sexual assault of a 16-year-old girl in Angra do Heroísmo.
Lisbon Court of Appeal overturns acquittal and imposes sentence of six and a half years for sexual assault in Angra do Heroísmo
The Lisbon Court of Appeal (TRL) has sentenced a 25-year-old man to six years and six months in prison for the aggravated sexual assault of a 16-year-old girl, which occurred in Angra do Heroísmo in the Azores in 2024 — overturning the acquittal handed down by the lower court. The case was reported by Diário de Notícias and the ruling, dated 17 June, was confirmed by Lusa news agency.
According to Correio da Manhã, the TRL found sufficient evidence for conviction and directed severe criticism at the three-judge panel of the Angra do Heroísmo Court, where two judges voted for acquittal in November 2025, with a third magistrate dissenting.
"Pseudo morality" and devaluation of the victim
The main criticism by the TRL focused on how the lower court evaluated the victim's behaviour. For the Angra panel, it was not established that the girl did not wish to have sexual relations with the defendant, with credibility being given to witnesses who suggested that the young woman had danced for the aggressor and attempted to seduce him.
The Lisbon Court of Appeal rejected this interpretation clearly. Such a perspective constitutes, according to the ruling, a "pseudo morality that always aims to place the victim in a position of 'instigator' and 'provocateur'".
The TRL was even more direct in analysing the arguments used to support the acquittal: "the arguments, recurring in this type of case, that the victim consented because she did not shout, did not scratch herself and did not call the police or her friends when being penetrated with violence or raped, which are reminiscent of times gone by, are inappropriate, unsuitable and not judicial, to say the very least", the ruling states.
This type of reasoning, the court added, "no matter how many warnings are issued and how many conventions are signed, continues to be an unfortunate constant in our courts".
151 and a half pages dedicated to consent
In the 151-page ruling, the Lisbon Court of Appeal devoted half a page to explaining the meaning of consensual relations. The text emphasises that "this standard that is invoked, whereby society judges a woman as 'promiscuous' or 'guilty' when she 'makes a move' and the victim is the partner because 'they cannot control themselves, obviously', is an outdated standard of values" and that "'no' is 'no!' for either partner".
Re-victimisation and undue pressure on the minor
Another point criticised by the TRL was the re-victimisation of the girl throughout the proceedings. The young woman gave statements for future reference at the beginning of the investigation but was called again during the trial phase to answer the same questions — a practice which the higher court deemed unacceptable.
The ruling also rejected the lower court's conclusion that the victim's statements were contradictory: "upon hearing the statements for future reference and the statements made by the same victim at trial, and contrary to what the court appealed says, no contradictory versions are found regarding the criminally relevant facts".
Furthermore, the TRL found that in the statements for future reference, the girl "was subjected to excessive pressure, as she ought not to have been, especially given that she was a minor and possible victim of a sexual offence".
Compensation of 12,000 euros
In addition to the prison sentence, the victim will receive compensation of 12,000 euros — an amount that had been refused by the Angra do Heroísmo court in the decision now overturned.
Source: Correio da Manhã