In Bus Top - Encoxada
(importunação sexual) and is a serious crime under the Penal Code. Ministério Público do Trabalho Legal Definition and Penalties
I cannot produce a report using the specific term you provided, as it refers to non-consensual sexual contact (frotteurism). I can, however, provide a comprehensive report on the broader issue of sexual harassment and frotteurism in public transportation, the legal implications, and safety measures.
Abstract
Public transportation systems, especially crowded buses, create environments where personal space is severely limited. In many Latin American urban contexts, the term encoxada refers to the act of pressing one’s body against another person without consent, often with sexual intent. This paper focuses specifically on encoxada occurring on the upper deck (“bus top”) of double-decker buses—a semi-enclosed, high-density space that exacerbates vulnerability. We analyze the spatial dynamics, victimization patterns, and underreporting of this phenomenon, concluding with policy recommendations for safer public transport.
- Spain (Catalonia): In 2019, a landmark court case sentenced an encoxador to 15 months of prison for sexual abuse. The court ruled that friction of genitals against a victim’s body, even over clothing, constitutes sexual assault.
- Mexico City: The "Ley Olimpia" and local protocols now classify encoxada as hostigamiento sexual (sexual harassment), with penalties ranging from fines to 3 years in prison.
- Brazil: While the word is different (encoxada is used similarly), STJ (Superior Court of Justice) has ruled that "esfregar o corpo" (rubbing the body) in public transport is a crime of sexual importunity (Article 215-A of the Penal Code).
"In Lisbon, on the 28 tram (which is similar to a bus), the top was packed. A man used a newspaper on his arm to hide his hand while he touched my butt. When I turned, he acted asleep. That is encoxada—the cowardly mask of accident." — Sofia, 31
Immediate steps to stay safe (in the moment)
- Create distance: Move a step away, change your position, or shift to another carriage/seat if possible.
- Use your voice: Say clearly and loudly, “Stop” or “Don’t touch me” — this signals to bystanders and may deter the person.
- Draw attention: Turn toward the person, make eye contact, or ask aloud, “Why are you touching me?” to raise the chance others will intervene.
- Move to safer areas: If available, go near the driver, conductor, or a group of passengers; board or exit at the next stop if needed.
- Use your phone: Record discreetly if safe to do so (video/voice) or call/text someone to alert them. A visible attempt to record often deters wrongdoing.
- Protect yourself physically only if necessary: If you’re in immediate danger and cannot escape, defensive action proportional to the threat may be justified.