THE POSSIBILITY OF LEGAL ABORTION IN STEALTHING CASES

Abstract

Stealthing is characterized by the removal of a condom during sexual intercourse, without the partner's prior consent. The main point for the crime to be characterized is the absence of consent to the removal of the condom. after all, consent is given by the victim to the sexual act with the use of a condom. however, the brazilian penal code specifically typifies this conduct, even though it is recognized as sexual violation by fraud. Given the absence of a specific criminal offense for this conduct and its possible consequences, such as unwanted pregnancy, it is essential to carry out a comprehensive study on this matter in order to determine the appropriate action of the state towards the victim in the event of this crime. in this scenario, the option of abortion by the victim was examined by analogy. through an exploratory and deductive research approach, data was found through bibliographical and jurisprudential research, as well as case studies. as a result, we found that there are conflicting opinions in the literature and jurisprudence on the permissibility of applying analogy in good conditions to interpret the legality of legal abortion in these cases. Furthermore, recognizing the practice of stealthing implies that the victim will be able to undergo a forensic examination to collect genetic material from her attacker, receive prophylactic care after exposure and, if she becomes pregnant, be able to have an abortion.