A former member of the Legislative Assembly of Santa Catarina, Brazil, escaped from police custody after being convicted of child rape, and was not re-arrested until last week after taking advantage of the country’s lax gender self-identification laws, allowing him to change his identity to that of a woman’s.
Nilson Nelson Machado, who self-identified as a transgender woman and changed his legal name to Catarina da Lapa, is a former state deputy in Florianópolis, which is the capital of the state of Santa Catarina, in the southern part of Brazil. He ran a care home for children for over thirty years. It was at this care home, named Lar do Tio Duduco (Uncle Duduco’s Home) after a nickname of his, that he s*xually abused multiple child and teenage victims in the 1990s.
He was arrested and charged for the crimes after two victims publicly came forward. In 2017, he was sentenced to 31 years in prison; in 2019, Machado filed an appeal, claiming that he did not commit the crimes and it had not been proven beyond reasonable doubt that he had committed them. The court reduced his sentence to 20 years.
However, after filing the appeal, Machado fled the city. A warrant was issued for his re-arrested. Machado changed his identity, including his legal s*x marker.
Because his identification now said he was a woman named da Lapa instead of a man named Machado, Machado was able to evade authorities until earlier this month, when he was re-arrested.
Brazil’s Federal Police were able to match his previous identification documents to his current ones and captured him in Rio de Janeiro, where he had moved after his transition.
Under Brazilian law, individuals can change their name and s*x marker at any time, without requiring a formal diagnosis of gender dysphoria or proof of medical transition. This came about because of a landmark ruling of the Brazilian Supreme Court in 2018.
The purpose of the ruling was to simplify the transition process for transgender people. Brazil has some of the most pro-trans laws in the world, and transphobia can be a criminal offense.
When confronted by Federal Police, Machado denied his former identity and presented false documentation denying he had ever been known by his birth name. It is unclear whether or not he pursued medical transition.
At Lar do Tio Duduco, he would bribe children and teenagers with money for s*xual favors, including foot massages. His victims also stated that they were threatened with being thrown out of the care home if they did not comply, and were also subject to physical beatings and having food withheld.
Machado denied the allegations, but privately confessed to the crimes while he was unaware he was being recorded.
From 2003 to 2007, Machado was a member of the Legislative Assembly of Santa Catarina. He was a member of the Progressive Party and Democratic Labor Party.
Under Brazilian law, Machado has the option of being incarcerated in a women’s prison.
