Guardianship Council, in Pará, investigates the gang rape of a 12-year-old indigenous girl

The teen's father reported the fact that occurred last November 29. (Illustrative Photo: Getty Images)

Marcela Leiros – from Cenarium Magazine

MANAUS – The Municipal Council for the Rights of Children and Adolescents of Parauapebas (COMDCAP), in the state of Pará, and the Guardianship Councils I and II, in the state, said on Friday, 10, that they are following the investigation of a fact denounced by the father of a 12-year-old indigenous adolescent who was the victim of gang rape on the last 29th. According to the adolescent’s father, the girl was raped by about 30 other indigenous men.

The investigation of the case is being conducted by the Police Station for Attendance to Women, Children and Adolescent Victims (DEAM/DEACA) and the crime, according to the complainant, took place in an indigenous village in the Carajás region.

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In the note, the councils point out that they understand and respect “that the indigenous peoples have the right to train their descendants within their cultural, religious and collective practices, with this act being in favor of maintaining the life of the peoples,” but that one cannot forget that the crime of rape of a vulnerable person is typified by Article 217-A of the Penal Code, which states that it is a crime to “have carnal intercourse or perform another libidinous act with a person under 14 (fourteen) years of age.”

“The COMDCAP expresses its repudiation of what happened to this poor indigenous adolescent, and makes clear its full support for the victim and her family, as well as urgently calls for the joining of efforts of all the powers of the Republic and Institutions to nip this very serious violation of human rights in the bud, which is shameful and unacceptable,” says the document.

More cases

This was not the first case of rape of an indigenous woman denounced recently. In Mato Grosso, two employees of the Indigenous Support House (Casai), located in the municipality of Barra do Garças, were arrested on suspicion of sexually abusing a 14-year-old girl. The teenager is an indigenous woman of the Xavante ethnicity and is 18 weeks pregnant.

One of the men involved in the case is 36 years old and the other 24. Both hold the positions of nursing technician and cleaning assistant at the Casa de Apoio. According to the investigations, the adolescent was in the Casai because her father was undergoing treatment there. After taking a pregnancy test, the young woman was found to be three months pregnant.

When she found out what had happened, the victim’s mother went to the Federal Police (FP) police station and informed about her daughter’s pregnancy and that she suspected a rape by the employees. According to investigations, the young woman had been raped at least five times.

According to the Federal Police delegate who is in charge of the case, Mario Sergio Ribeiro, one of the evidence he intends to collect is the DNA examination. “The employees used their functions at Casai to commit this act against the teenager,” he says. They were arrested and sent to the city’s public jail.

In a note, Dsei informed that the District took the appropriate measures after the case, and stated that the teenager is receiving all the necessary support. “The adolescent is being accompanied by her family and is receiving all the necessary help from the multidisciplinary health teams at the Casai in Barra do Garças.

See COMDCAP’s note in full:

The Municipal Council for the Rights of Children and Adolescents of Parauapebas and the Guardianship Councils I and II, in partnership with the other bodies for the protection of the rights of children and adolescents, hereby manifests itself about the denunciations widely publicized by the media and the local community about the practice of collective sexual abuse, which occurred in an indigenous village in the Carajás region.

We inform you that this council is closely following the investigative process conducted by DEAM/DEACA – Police Station for Attendance to Women, Children and Adolescent Victims, which is strongly investigating the fact denounced by the father of a 12-year-old girl, who was the victim of a brutal act of collective rape on November 29th, by about 30 indigenous men.

We are working to strengthen the network of protection around the victim and in charging for speed and agility in the search for those responsible and due judicial punishment, as well as conducting the reflections made around the ethnocultural issue that involves the reported facts.

We want to reinforce that the Statute of the Child and Adolescent guarantees to all children and adolescents, in the national territory, the ample protection of their rights.

The crime of rape of vulnerability typified by the criminal code: Art. 217-A: Having carnal conjunction or practicing other libidinous act with a minor under 14 (fourteen) years: Penalty – imprisonment, from 8 (eight) to 15 (fifteen) years, above all is a violation of human rights.

We understand and respect that the indigenous peoples have the right to train their descendants within their cultural, religious and collective practices, this act being in favor of maintaining the life of the peoples. It is inconceivable that in current times the idea of maintaining customs that violate indigenous life itself, practiced by the indigenous peoples themselves, is seen as natural or cultural.

That is why it is urgent that state and national authorities intervene in response to the reported and investigated facts.

We can no longer allow any child or adolescent, considered to be a developing being, to have their full protection violated, whether by the absence of basic rights or by being the victim of violence and abuses that hurt their existence.

The resistance and struggle of the indigenous people must be respected and recognized, and the presence of habits that generate pain and death is no longer appropriate today.

Unfortunately, the act committed does not only affect the victim, but represents a direct attack on all indigenous women, who are likely to suffer various types of violence.

Many do not recognize themselves as victims, since the act ends up being justified as cultural. Rape is a way to disqualify women, which is already a vulnerable group, and within the vulnerable groups we have an even more delicate situation, which is that of indigenous women.

In this sad and at the same time challenging moment, we are appalled by such a barbaric crime. This is the moment for all the institutions to enforce the laws and rights already consecrated internally, since the whole society has the right to a life free of violence, as well as the right to a simple and quick response by the State, to the violation of their rights.

Our role is to continue fighting for the prevention of rape and rape culture, but also of any and all forms of violence against women, in order to denaturalize the most diverse stereotyped roles that involve inequality, inferiority, submission, and possession.

Besides a quick criminal response, the moment calls for transformation, mass training of professionals, and sensitization of the whole society. The COMDCAP expresses its REPUDENCE for what happened to this poor indigenous adolescent, and makes clear its full support for the victim and her family, as well as urgently calls for the joining of efforts of all the branches of the Republic and institutions to nip this very serious violation of human rights in the bud, which is shameful and inadmissible.

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