Sexual assault on a person with a disability

Supreme Court · Second Chamber (Penal) · 2023

What the Supreme Court considered and decided

The Supreme Court upheld a conviction for a sexual assault committed by a person caring for someone with a disability. It examined the sufficiency of the prosecution evidence and the criminal and civil consequences.

What this helps explain

Vulnerability and the relationship of care should be analyzed with the proven facts, avoiding replacing the individual examination of consent.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.