ATROCITIES AGAINST SEXUAL DIGNITY: AN ANALYSIS OF DISTORTIONS IN THE APPLICATION OF CRIMINAL LAW AND THE CASE OF SO-CALLED “CULPABLE RAPE”

Abstract

The topic of brutalities committed against sexual dignity reveals profound distortions in the application of Brazilian Criminal Law, particularly in emblematic cases such as the so-called "negligent rape." This case exposes vulnerabilities in the legal system, ranging from unclear interpretations to the perpetuation of social stigmas, which hinder effective victim protection. The analytical focus lies in understanding how these distortions undermine the principle of human dignity and the very effectiveness of criminal norms, reversing the central function of Criminal Law, which is to ensure justice and security. The discussion highlights the indispensability of a strict interpretation of the law that aligns with constitutional principles, aiming to prevent the trivialization of sexual crimes and ensure proper accountability.