Raped Since Age Six; Pregnant at Ten; in Unexplained Limbo Awaiting Legal Abortion

RIO DE JANEIRO, BRAZIL – Pregnancy at age ten kills. This was the message, in the form of a hashtag, that took hold of social media in recent days, after the case of a 10-year-old girl who became pregnant after being raped in the city of São Mateus, in Espírito Santo state.

The victim was assisted at Roberto Silvares Hospital, in that city, escorted by an aunt, on August 8th, according to the report registered by the State Police, saying she thought she was pregnant. After a blood test confirmed the three-month gestation, the child told doctors and a social worker that she had been abused by her uncle since she was six and never told anyone for fear of his death threats.

The São Mateus case is being investigated by the police and the Guardianship Council. The girl is in a shelter in the city, while doctors and court officials are still “assessing” the performance of an abortion, guaranteed by law in such cases.

“The 1940 Penal Code guarantees the right to abortion in such situations. There is no need for legal assessment in this case, mainly because this is a life-threatening situation because it is the body of a child, unprepared for pregnancy,” explains Debora Diniz, an anthropologist and professor of law at the University of Brasília (UnB). According to Diniz, the discussion is due to an “ideologization of the abortion issue in Brazil.”

Cases such as this are endemic: four Brazilian girls up to age 13 are raped each hour, according to the Brazilian Yearbook of Public Safety, and most crimes are committed by a relative. In April this year, a 10-year-old girl gave birth to a boy in a maternity ward in Rio Branco, Acre. The pregnancy was detected after a complaint in September 2019 and the court was investigating the victim’s father – who was found dead two days after delivery – and a neighbor.

“In theory, every girl under the age of 14 who gets pregnant was the victim of rape, even if she says she consented to the sexual act, because the Penal Code determines that sexual relations with minors under the age of 14 represent rape of the vulnerable and, due to age, violence is assumed,” says Luciana Temer, president of the Liberta Institute, which works against the sexual exploitation of minors.

“The only thing that would warrant assessment is if the girl were to express her desire not to have an abortion. In theory, the law guarantees that the victim may visit the hospital immediately after the occurrence is reported at the police station to have an abortion. This child is the victim of yet another violation of rights,” she adds.

For Debora Diniz, the case is a “clear example” of how the criminalization of abortion represents “a violation of rights” for girls and women. “She must be able to safely terminate this pregnancy, with the necessary post-abortion care,” she argues. According to Marialva Broedel, the São Mateus Municipal Social Assistance Secretary, the abortion requires medical and judicial authorization, given that this is a three-month pregnancy, the limit period for legal abortion in the country.

“We need to wait for the position of the judiciary, we can’t make any hasty decisions, for the sake of the child’s life. We wait for the medical and legal criteria to make a decision together with the family,” said Broedel, who also said the girl is being attended by a therapist and an obstetrician.

The Espírito Santo Court reported in a note that “it is strictly guided by rigorous and technical compliance with the law, without religious, philosophical, moral or any other kind of influence other than the application of the rules relevant to the case.” On Wednesday, August 12th, the judge ordered the pre-trial detention of the victim’s uncle, who is on the run.

According to the Social Assistance Office, the child lived “in a large family with her grandparents” and was attended by the São Mateus Reference Center (CRAS). The relatives were “involved” in the CRAS’ activities and showed no knowledge that the crime was occurring.

Minister of Women, Damares Alves monitors the case

Since she learned of the case, Damares Alves, Minister of Women, Family, and Human Rights, has used social media to say she will “help” the victim and her relatives. On Wednesday, Alves sent a team of servants from the National Secretariat for the Rights of Children and Adolescents (SNDCA) and the National Human Rights Ombudsman’s Office (ONDH) to meet the authorities of São Mateus.

“SO, MY FIGHT IS CONSPIRACY? SO, THERE IS NO RAPE OF CHILDREN?
My team is now in contact with the authorities of São Mateus to help this child, her family, and to follow the criminal proceedings until completion.”
– Damares Alves (@DamaresAlves) August 10th, 2020

“I am forced to see, read, and even watch terrifying images that some even think I am used to and that the news no longer shakes me. Quite the opposite, every case is a life. Every story produces the same reaction in me, and always, in tears, I ask: How long?”, asked the Minister in another Facebook post. “As I write these lines, children are being abused in Brazil,” she wrote.

However, Alves did not mention the abortion to which the victim is entitled. Opposed to the termination of pregnancy, the Minister has repeatedly argued “in favor of life” and against women who resort to the practice.

Debora Diniz criticizes this attitude, both on social media and in talking to EL PAÍS newspaper. “Help” is not a category of a democratic state based on the rule of law and the protection of citizens. What vulnerable people need are guarantees, such as this child. This girl does not need ‘help’, but rather a legal and safe abortion,” she says.

Diniz recalls that, historically, the issue of abortion is “thrown into the debate circle,” particularly when governments experience sensitive situations – such as the Covid-19 pandemic – “to trigger a sense of moral panic”.

“This case will be paradigmatic on the ideological use of the abortion issue to stir up affections and polarized and aggressive positions on what should simply be a public health issue and, in this specific case, a criminal investigation of the abuser and the care and attention to this girl’s health and dignity,” says the expert.

Where to report

With the pandemic and the social isolation measures, authorities have been concerned about the decrease in the number of crime reports against children. In June, the São Paulo Appellate Court launched the campaign “Don’t be silent! Violence against children is cowardice, it’s a crime! Report it!”. The target audience is not only children, whom the campaign seeks to welcome and inform, but also adults, who may be involved in a situation of violence and need to be attentive.

Know who to turn to:

Dial 100: the federal government’s telephone channel for reporting human rights violations. It works around the clock and on Sundays and holidays; the report may be anonymous and the call is free.

Guardianship Council: the main local entity for the protection of children and teenagers. Contacts can be found on each municipality’s website.

State Police: in cases of emergency, dial 190. Toll-Free: 24 hours a day, as well as the police stations.

Source: El País