CRIME OF RAPE: VALUE OF THE VICTIM'S WORD VERSUS THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

Abstract

The crime of rape is a violation of sexual and moral dignity. In most cases, it is carried out in secrecy, in a vile manner, thus making it difficult to identify the aggressor, as well as weakening the victim's testimony. Therefore, the magistrate needs to consider the probative value of the victim's words before making his decision, as in crimes against sexual dignity, the investigation of evidence is the most complex part. Therefore, this article aims to demonstrate whether, in cases where material evidence is scarce, the victim's word is sufficient for conviction in rape crime cases without violating the constitutional principle of the presumption of innocence, in accordance with article 5°, section LVII of the Federal Constitution. Finally, the work investigates the probative value of the victim's word in the crime of rape, exposing, based on legal foundations and historical understanding, the differentiated and more valued treatment of the victim's testimony in crimes against sexual dignity. On the other hand, it is necessary to observe the principle of presumption of innocence so that there is no violation of the rights of the accused. Therefore, it is concluded that, if there is doubt as to the defendant's guilt, in dubio pro reo must prevail, that is, the accused must be considered innocent.