The Senate has begun consideration of a bill to allow the use of secret records for the benefit of rape victims. The proposal was motivated by a case of rape committed by a patient’s doctor during a caesarean section at a hospital in Rio de Janeiro in July.

Under current law, there is no guarantee that secret recordings can be used as evidence in a trial. Photo: Elsa Fiusa/Agência Brasil

The text states that recordings made by one of the interlocutors or even by a third person can be used. Use in other cases will also be allowed when the victim is underage, elderly, or vulnerable.

In the case that motivated the project, authored by Senator Marcos do Val (Podemos-EU), the rape was filmed by nurses in the operating room who were suspicious of the doctor. However, according to the author, there is no guarantee that the recording can be used as evidence.

“There are situations in which it is extremely difficult to prove criminal behavior. This applies, for example, to crimes of rape, which are usually committed secretly, only with the participation of the rapist and the victim, ”he explained.

Currently, legislation allows the use of secret recordings (without the consent of all participants) made without the permission of the police or the Department of Public Administration for protection purposes only.

For the author of the project, this restriction is aimed at protecting confidentiality and intimacy, constitutional guarantees, but does not serve to cover up illegal actions.

“We understand that the use of environmental capture should also be allowed in exceptional cases, in situations where the isolation or vulnerability of the victims requires a different treatment,” the senator concluded.

The draft is still awaiting submission, which will determine which Thematic Panels will review it. The document will also indicate whether it will need to be considered at the plenary meeting or the final word will be for the discussion of the commissions.

If approved by the Senate, the bill will go to the Chamber of Deputies.