Eye-witnesses in Odivelas could not quite believe it: one minute a car sped past with two people in the driving seat, clearly in passionate embrace, and the next the car skidded out of control, and crashed spectacularly, ending upside down.
The driver, a man in his 20s, managed to exit the vehicle. He was seen bare-chested, adjusting his clothes, as he fled, visibly injured, and leaving behind him a naked (married) woman whose husband had only just reported her absence to his local police station, in Loures.
First responders called to the scene were unable to resuscitate the woman, a Brazilian in her late 40s, who was pronounced dead after the various attempts to save her.
Some hours later, the driver ‘presented himself’ to Odivelas police station, and is now facing a number of charges, including negligent homicide.
Talking to Noticias ao Minuto, lawyer Dantas Rodrigues, has outlined the complexities of the case.
“First of all, the Crime of Dangerous Driving (Article 291 of the Penal Code) may be at issue (…) In the case at hand, although there is no indication of alcohol or drug consumption, the conduct of having sexual intercourse while driving thus constitutes “a gross violation of the duties of care and attention that driving requires (…)
“The fact that the female passenger was naked, without a seat belt and apparently not seated reinforces the existence of a concrete danger created by the driver’s conduct”, Dantas Rodrigues stressed, adding that, the applicable penalty in this type of case “is imprisonment for up to 3 years or a fine”.
Another crime that may be at issue is that of negligent homicide (Article 137 of the Penal Code). “This punishes negligent homicide, requiring proof that the death of another person resulted from the violation of a duty of care objectively required of the perpetrator”, said the lawyer.
In this specific case, the female passenger’s death from cardiorespiratory arrest inside the overturned vehicle “makes it possible to consider the driver’s liability for negligent homicide”.
“Case law has held that the act of driving a vehicle carries the presumption that everything that happens while driving is attributable to the driver, so the loss of control gives rise to a presumption, as prima facie evidence, of the driver’s fault.
“The conduct of engaging in sexual acts while driving, diverting attention from the road and compromising control of the vehicle, constitutes a clear violation of the duty of care. The death occurred, so the objective elements of negligent homicide are met. And the applicable penalty for negligent homicide is imprisonment for up to 3 years or a fine (article 137, paragraph 1 of the Penal Code)”.
The third crime that may apply is failure to render assistance (Article 200 of the Penal Code), which punishes anyone who, “in the event of an accident, fails to provide assistance to the victim (….) The driver had a legal duty to help the victim, arising from his own conduct that created the dangerous situation. The applicable penalty is imprisonment for up to 1 year or a fine of up to 120 days (article 200, paragraph 1 of the Penal Code)”, Dantas Rodrigues recalled, adding that, in these unusual circumstances, an ancillary penalty of a driving ban is equally likely.
Source: Noticias Ao Minuto