Wednesday, April 14, 2021

Justice allows abortion in woman who became pregnant after partner took condom without consent – Prime Time Zone

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Case was registered in the Federal District; court understood that from the lack of consent in the relationship, an act is considered a crime of rape

Creative CommonsPartner reportedly removed condom during sexual intercourse

The Federal District Court of Justice unanimously decided in the second instance to uphold the decision to allow abortion in a woman who is a victim of “stealthing”, a practice characterized by the withdrawal of a condom from one partner without the other noticing in the middle of the sexual act. The victim reportedly went to court reporting that he was a victim of rape and narrating that the relationship was initiated with consent and using a condom, but that she was then forced to continue the act without necessary protection. The DF denied the procedure stating that the beginning of the relationship was consented and the woman went to the 7th Civil Panel of the Court of Justice of the Federal District and Territories to urgently request the performance of the procedure.

At the Court, the appellants were unanimous in clarifying that it is “the State’s duty to provide comprehensive assistance to women in situations of pregnancy resulting from involuntary sexual intercourse, whether through sexual violence or coercion in sexual relations” and remember that only police registration is necessary for the realization of the law, regardless of the criminal’s conviction. According to the TJDFT, the decision was taken to the second instance by mandatory procedure of the Civil Procedure Code. As the process runs in secret from the courts, there is no information on how long the action has passed until a decision has been taken.

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