Universidade do Minho, Portugal
A body of one’s own – are women allowed [not to] consent?
This article aims to contribute to the discussion about the relevance of consent in sexual offences. In order to achieve this purpose we analyzed several authors’ notes of Portuguese penal code from different editions (1852, 1886, 1982, 1995, 1998, 2007). In addition, we analysed Portuguese higher courts’ decisions on rape trials occurred in the same time period. Through these materials, we seek to synthesize the management of consent in legal rules in the Portuguese judicial system.
rape; consent; penal code