Crime Victims – Portugal

She should therefore always seek advice before going to the police.

Confidential advice is offered by advisory centres for migrant prostitutes.

Advisory centres will not forward information regarding the woman, such as her name and address, to the police or aliens’ authorities. The advice is therefore always confidential.

If the woman decides to go to the police, she must be aware that she will have to give a statement not only to the police, but also to the prosecuting attorney and in court. Once a woman has notified the police of a crime, she cannot give a notice of revocation but has to testify throughout the legal proceedings. These proceedings may take a long time to come to a conclusion.

Although prejudices against prostitutes sometimes exist, a woman who has been the victim of a crime can assume that the interrogating persons will take the crime and the investigations seriously and will not generally doubt her credibility.

• when a woman is actively encouraged through false promises regarding work possibilities and earnings to come to Portugal, regardless of whether a job in another field was promised her or whether she was willing to work in prostitution;
• when a sex workers identity papers or earnings are taken away from her;
• when a woman is forced into prostitution or into giving sexual services;
• when a sex worker is blackmailed, threatened, humiliated, beaten, raped or imprisoned.In the above instance it is irrelevant whether the woman previously worked as a sex worker or whether she was willing to work as a sex worker because, or while, she was misinformed about working conditions and earnings.The name of the criminal offence in Portugal is trafficking in human beings «tráfico de pessoas» (article 169° of the Portuguese Penal Code (Decree-Law No. 400/82, of September 23rd)).

Victims of trafficking in women have special rights and are entitled to special support services. For instance, they may obtain a limited residence permit while they are collaborating in the investigations of the authorities against the perpetrator/s.

Essentially, the woman is not entitled to a consideration period to decide whether to give evidence as a witness. In order to obtain a temporary residence permit, she must collaborate in the investigation.

If the woman is not in a condition to make a decision (e.g. physically up to it), there may be a chance for her to be taken into the care program until she recovers enough to make a decision.

A woman who has been a victim or witness of trafficking in women and who is living in Portugal without a residence permit can obtain a residence permit under the following conditions: she has to report the crime to the police and to cooperate in the investigation. She must to participate in the programme of witness protection in order to obtain a residence permit. The residence permit is valid until formal charges are brought and, if her testimony is considered essential, until the end of the trial.

If she decides against giving evidence, she must leave the social integration programme. If she was only allowed to remain in Portugal on the basis of her cooperation with the authorities, she will lose the right to remain.

During the investigations and the criminal proceedings the woman is entitled to obtain advice and support from a non-state advisory centre and a lawyer. If the woman does not want to cooperate with the authorities in the proceedings, it will be difficult to obtain such advice and support.

If the woman has any doubts, she should insist that police establish contact to such an advisory centre.

If legal proceedings have been initiated, a residence permit will be granted to a woman who is a victim of trafficking or other serious crimes (specially organised crime and also rape, violence) and acts as a witness in the proceedings. The residence permit is valid from the beginning of the proceedings until the final sentence (including possible reviews of the sentence).

The residence permit will only be granted if the woman participates in a witness protection programme that ensures that the witness will testify.

This is regulated in article 137-B of Decree-Law nr 244/98, of August 8th, as amended by Decree-Law nr.34/2003, of February 25th (Migration law, or the conditions of entry, stay and extradition of aliens in Portuguese territory).

Before the commencement of court proceedings the women should decide – together with her lawyer – whether to give evidence as a witness only or whether also to appear as joint plaintiff.

At the end of the proceedings the courts issues a verdict as to whether the perpetrator(s) is / are guilty or not.

If an appeal is lodged against the verdict, the final decision may even be delayed by several months up to twelve months.

The statement is given either in a single day or over the course of several days, the witness may also be asked to attend a second time, later in the proceedings, because new questions concerning her have arisen.

Questions are put to the witness by, in this order, the judges, the public prosecution, the defence and under certain circumstances her own lawyer. Sometimes the judge asks questions between the lawyers’ interrogations, for example in order to clarify some of the answers given.

The witness must answer questions truthfully and omit nothing; otherwise she risks criminal action against her on grounds of perjury/false testimony. However, she may remain silent on anything which incriminates her.

In Portugal, the witness is not entitled to be accompanied by a lawyer when giving evidence.

The witness is entitled to a translator in her own language. If she feels unable to trust the translator she is not entitled to refuse her/him. Nevertheless, she should tell the judges her the reasons for her lack of trust.

The woman may be accompanied and protected by the police during the entire proceedings, and particularly during her statement as a witness. There is no legal entitlement to this protection. The police decide to what degree they consider the woman endangered. In order to obtain the best possible protection, the woman should inform her lawyer and the police of any threats made by the perpetrator(s) and others.

Generally, the woman is not required to state her address. Where she is at high risk she may also refrain from giving her name.

If the woman is at high risk, she may be given a new identity. However, this only happens in very exceptional cases.

The public can be excluded from proceedings if personal or intimate questions are to be put to the witness. The Portuguese law on this matter refers to sexual crimes where the victim is less than 16 years old. It also mentions cases where public proceedings may affect the people’s dignity, public morality or normal development of the proceedings (art. 87 of the Portuguese Penal Procedure Code).

The exclusion of the public may be officially decided by the judge and can be required by the public prosecutor, defendant or joint plaintiff.

In practice, evidence by the victim of a sexual crime is given in a non-public hearing.

In some cases where the victim’s or witness’s life or safety is in danger, she may be able to give evidence via a video network. In this case the woman does not have to come to court and her appearance and voice can be altered.

The accused party may be excluded if the witness is afraid or has other reasons for not giving evidence in his or her presence. This exclusion of the accused must be duly required and justified.

In Portugal, a victim of a crime is not entitled to receive compensation from the state. However, if someone is a victim of a violent crime (crimes in which the victim suffered serious physical injury or death), and suffers a permanent incapacity, a temporary full incapacity for work or death, or if it is considered that the perpetrator will not pay the compensation, the victim is entitled to demand compensation from the State (Decree-Law nr. 423/91, of October 30th)..

Advisory centres
APAV
Central Services
Rua do Comércio, 56 – 55
1100 – 150 Lisboa
Fon +351 21 885 40 90
Fax +351 21 887 63 51
Email apav.sede@apav.pt

Office Hours
10 am – 1pm and 2 pm – 6 pm
Service number +351 707 20 00 77