11-year-old girl pregnant after rape is released from shelter in SC

The TJ-SC (Court of Justice of Santa Catarina) confirmed that the 11-year-old girl who is 29 weeks pregnant after being raped received permission to leave the shelter where he was and go home.

The girl was away from the residence to keep her away from the aggressor, but also to prevent the child’s mother from seeking a legal abortion in cases of rape. That’s because the Judge Joana Ribeiro Zimmer tried to induce the girl not to have an abortion.

The child had been kept in a shelter for more than a month, after having faced resistance from the judge and prosecutor Mirela Dutra Alberton, who argued against the procedure and in favor of the fetus’s life during the court hearing. The information was revealed by The Intercept Brasil website on Monday (20).

Also according to the report, the girl was attended by a medical team in early May. The hospital would have denied the abortion, since she was in the 22nd week of pregnancy and the institution’s rules allowed the procedure until the 20th week. The case then went to court.

The Penal Code, however, allows termination of pregnancy in the event of rape without imposing a limitation on weeks. In addition, medical reports in the case reveal that the child is at greater risk of life with each week of pregnancy.

Days later, the prosecutor of the Public Ministry of Santa Catarina, Mirela Dutra Alberton, filed a precautionary action in which she asked for the institutional reception of the girl in a shelter. On May 9, the child attended a court hearing. At the meeting, the group pledged to prevent the girl from being abused, but the judge and the prosecutor tried to persuade her not to have an abortion.

“Would you bear to stay a little longer?”, asks the judge. Prosecutor Alberton adds: “We only kept your belly for a week or two more, because, for him to have a chance to survive longer, he needs to take the medication for the lung to form completely”.

She goes on to suggest that abortion would make the 11-year-old see the baby agonize to death: “Instead of letting it die – because it is already a baby, it is already a child – instead of us taking it out of your belly and seeing him dying and dying, that’s what happens, because Brazil doesn’t agree with euthanasia, Brazil doesn’t have it, they won’t give him medicine… He’s going to be born crying, no [inaudível] medicine for him to die.”

At the hearing, the judge defends the thesis that abortion cannot be performed after the 22-week period of pregnancy has passed. The procedure after that period, argues Zimmer, “would be a warrant for murder.” The judge insists on the issue and has the following dialogue with the rape victim:

“What is your expectation regarding the baby? Do you want to see him born?”, asks the judge.

“No,” replies the child.

“You like to study?”


“Do you think your condition hinders your study?”


“Do you have any special birthday wishes? If so, just ask. Want to name the baby?”


“Do you think the baby’s father would agree to give it up for adoption?” he asks, referring to the rapist.

“I don’t know,” says the girl.

Other side

In a note, Judge Joana Ribeiro Zimmer informed that she will not comment “on excerpts from the aforementioned hearing, which were leaked in a criminal way”. She also states that the case is being processed in court secrecy and that it seeks to ensure due full protection to the child.

The position also criticizes the publicity of the hearing by the press. “With the judgment of the STF for not recognizing the right to be forgotten, any manifestation on the matter to the press could impact even more and forever the life of a child. For this reason, it would be extremely important that this case continues to be dealt with by the appropriate instance, that is, by Justice.”

Prosecutor Mirela Dutra Alberton replied that the hospital had refused to carry out the termination of the pregnancy and that the doctors would act if there was a concrete situation of risk to the child’s life. “Due to this refusal by the hospital network, including documents that were also medically forwarded to the 2nd Prosecutor’s Office of Tijucas, at the time of filing the action, it was clear that the infant would not be subject to any concrete risk situation, which, in fact, has confirmed in its follow-up,” he said in a statement.


After the publication of the report, the Court of Justice of Santa Catarina pointed out that the process is secret because it involves a minor, “circumstances that prevent its discussion in public”, and that the State’s Internal Affairs Office has already filed a request for administrative measures to investigate the facts.

The Brazilian Bar Association (OAB) of Santa Catarina expressed concern about the case. “Among the situations in which Brazilian legislation authorizes the termination of pregnancy are sexual violence and the risk of life for the pregnant woman. Therefore, we are seeking, together with the bodies and institutions acting in the case, all the necessary information to, unconditionally, , protect and guarantee full protection to the life of the pregnant girl”, said the institution.

About Abhishek Pratap

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