No means no: Brazilian law targets sexual abuse during Carnival
Carnival season in Brazil is a time for fun and revelry. A lot of flirting happens during the festivities. However, any non-consensual behavior is considered a crime in the country. A law in effect since 2018 targets sexual harassment as well as the sharing of rape scenes, nudity, sex, and pornography.
The penalty for both actions is one to five years in prison. Sexual harassment is defined as the practice of libidinous acts against someone without their consent, “with the aim of satisfying one’s own lasciviousness or that of a third party.”
Behavior seen by many as commonplace during Carnival celebrations —such as touching someone’s body or stealing a kiss—may be classified as sexual harassment. Forced kissing or any other act consummated through violence or serious threat, where victims are prevented from defending themselves, may fall under rape. Kissing must be consensual.
Psychiatrist Danielle Admoni, a specialist with the Brazilian Association of Psychiatry, explains why it may be so difficult to understand that no means no, especially among men, despite the law.
“‘No’ is often understood as ‘She’s interested but she wants to play hard to get,’ or ‘She wants it, but she’s too shy.’ This is terrible because this person is saying no, and no means no. Even if they’re being polite, or smiling—no means no. But the other person doesn’t see it that way, because of this socio-cultural issue. He thinks he’s above that.”
Educator Claudia Petry, a specialist in Clinical Sexology and Education for Sexuality from the Federal University of Santa Catarina, agrees that the issue is rooted in culture, and is largely linked to difficulties dealing with one’s frustrations.
“Throughout history, our society has been very permissive toward man over woman. In the society we have built men think they own the power, they have the ownership, they can have whatever they want. So they can’t deal with any frustration. They can’t deal with the rights of women, or of anyone else for that matter.”
Prevention
Government campaigns across the country draw attention to common crimes during Carnival, like robbery and sexual abuse. Not accepting drinks offered by strangers is among the recommendations. Abusers are known to add substances that can make the victim disoriented, thus facilitating abuse or theft.
Sexologist Claudia Petry’s word of advice to women is: “Avoid being alone. Even in a crowd, you can become an easy target, especially for men under the effect of alcohol and drugs. When you feel like you’re being followed around or in a vulnerable situation, look for officers nearby or walk into an establishment.”
