Sexual harassment on São Paulo public transport goes unpunished

Only three out of the 38 sexual harassment charges filed this year at the São Paulo Metro Police Station led to arrest in flagrante delicto. Most reports include physical contact with the crotch, fondling and groping. In Brazilian law, this behavior are classified as acts of little offensive potential.

According to Police Commissioner Cícero Simão da Costa, the three offenders caught in flagrante delicto were charged with rape as those were more serious cases. One of them, the commissioner mentions, used violence: he twisted the victim’s arm and ejaculated on her leg, which is similar to what happened in the second situation. The third perpetrator put his hand underneath the victim’s dress in order to molest her. All three remain in jail.

Simão da Costa further says that the 35 molesters were charged with indecent assault, i.e., the victim is sexually harassed in a public place. In these cases, he explains, men sign an agreement and are called for a hearing, after which they may have to pay a fine or do community work.

“It would be too harsh to issue a warrant of arrest in flagrante delicto in these cases. It would be seen as abuse of power. We can’t escape from the law,” he declared.

The survey was conducted early this month by the São Paulo State Secretariat of Public Security and showed that, all throughout the state, 285 cases of indecent assault were reported this year, 17 of which on public transportation and 13 at bus stops.

Translated by Fabrício Ferreira