A palavra da vítima de estupro e sua relevância para o processo penal

Abstract

Given the socially established discrepancy between genders, rape is not only a form of sexual violence, but an instrument of domination that is closely linked to the position of submission that is imposed on women in the social environment, as well as to stereotypes of physical, emotional and intellectual inferiority attributed to them. Since it is a crime that has its probative production hampered, due to its very nature and socially disseminated gender stereotypes, the only evidence produced in cases of rape crime is the victim’s statement. Thus, the impunity rates related to this form of sexual violence are high, since the law is not immune to the influence of society and, therefore, can act as an instrument of protection for the victim, or it can again victimize them by using gender stereotypes to disqualify their testimony and acquit the accused on the basis of probative insufficiency. This study uses the qualitative method to, in its first chapter, promote a reflection on how sexual violence is closely related to the way women are viewed by the society, aiming to critically analyze the treatment given by the law to the crime of rape. Specifically in Brazil, this research analyzes the laws from the time of colonization to the current Criminal Code, as well as the legislative changes that delineated the current classification of rape crime. Then, the study proceeds to a bibliographical review on the proof theory in the Brazilian criminal lawsuit, highlighting its basic principles and their actions in the face of insufficient evidence. Also, this chapter analyzes probative production and its difficulties when dealing with a rape crime. In the third chapter, a doctrinal analysis is made regarding the position of the victim in the criminal lawsuit and the treatment given to the woman victim of rape, as well as the revictimization that is perpetrated against those victims who suffer a new aggression by the Brazilian justice system that uses gender stereotypes to discredit the testimony of women and acquit the convict. Finally, considering the fact that the law does not deviate from socially perpetrated misogynistic judgments, and since it is concluded that the victim's word is surrounded by prejudice and stereotypes, this research seeks to propose means for their testimony to be validated through evidence that is not currently customarily produced.