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Legally, the tide has turned. The aforementioned Law 13.718/2018 was a watershed moment. Before 2018, encoxada was often classified as a "disturbance" or importunação ofensiva ao pudor (offensive disturbance of modesty)—a lesser crime.
Today, importunação sexual (sexual importunity) covers any non-consensual act for lustful purposes. In 2023 alone, Rio de Janeiro registered over 300 cases of importunação sexual on beaches during the New Year's Eve (Réveillon) and Carnival periods.
The Challenge: Enforcement The problem is prova (proof). On a crowded beach, how do you prove the genital contact was intentional? Police often rely on witness testimony. However, the "blue ocean" effect—everyone looking at the sea, no one looking at the bodies—makes witnesses rare.
Operation Beach Safety: Some states have launched Patrulhas da Praia (Beach Patrols) with female police officers in plain clothes, posing as sunbathers to catch encoxadores in the act. During Carnival 2024 in Salvador, 12 men were arrested within 48 hours for encoxada. encoxada praia
If you see a man persistently pressing against a woman who is trying to move away:
A group of men (sometimes called encoxadores) surround a lone woman in a dense part of the sand near the rede (volleyball net). The crowd density makes it impossible for the victim to identify who touched them.
Why does encoxada happen more frequently on the beach than in a subway car? The beach environment offers three distinct advantages to the perpetrator: Legally, the tide has turned
A. The "Scantily Clad" Bias
At the beach, everyone wears minimal clothing—bikinis, sungas, shorts. Perpetrators often use this to gaslight victims: “You’re almost naked already, why are you complaining?” This victim-blaming narrative is false. Revealing clothing is not consent.
B. The Fluid Barrier
Unlike a bus or club, water makes identification difficult. In the mar
(sea), predators can use the waves to mask their movements. A kick or a sudden wave can be used as an excuse to grab a waist or press against a body.
C. The Alcohol Factor
Praia culture includes the frescor (cooler) filled with beer and caipirinhas. Intoxication lowers inhibitions for both parties, but predators actively seek out victims who are visibly tipsy or asleep in the sun. On a crowded beach, how do you prove
D. The Transient Crowd
Beaches are public spaces with constant foot traffic. A criminal can commit encoxada and disappear into a barraca de praia (beach tent) or the waves within seconds.
A victim is standing in waist-deep water, jumping over waves. A man swims up "accidentally" as a wave crashes. He uses the turbulence to grab the victim's bikini bottom or breast, claiming he was trying not to drown.