Judge Luiza Barros Rozas Verotti, from the São Paulo Court of Justice, granted an injunction to ensure that the hospital of the state capital, the main reference service in legal in the state, do the procedure in case of condom removal pregnancy without consent during the sexual act.
The injunction was submitted by the state of São Paulo after the interrupting pregnancy arising from the practice, known as “stealthing”.
In the decision, the judge states that the hospital has refused the legal abortion procedure in these cases. She recalls that “stealthing” can characterize a crime of sexual violation by fraud, according to the Penal Code.
“In this sense, ‘stealthing’ constitutes a type of violation of sexual freedom, as it involves the removal of condoms without the knowledge and consent of the partner, changing the agreed conditions for sexual intercourse and addicting the initial consent,” he writes.
The judge recalls that the state should provide full assistance to women who became pregnant after suffering sexual violence, “through emergency, integral and multidisciplinary care in all hospitals members of the Unified Health System network.”
It justifies the granting of the injunction arguing that there is a risk of numerous unwanted pregnancies arising from sexual violence to continue, “with drastic consequences for women’s physical and mental health.”
“In addition to these aspects, the risks arising from sexual relations performed without the use of condoms, that is, sexually transmitted infections,” he adds.
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