SEXUAL VIOLENCE AGAINST WOMEN: RAPE AND THE IMPUNITY OF THE AGGRESSOR — A LEGAL ANALYSIS

Abstract

This article investigates the causes of impunity in rape crimes committed against women in Brazil, analyzing the gap between normative provisions and judicial practice, as well as the cultural, institutional, and legal factors that contribute to the persistence of sexual violence. The general objective is to critically examine the legal treatment of rape, with special attention to the evaluation of the victim’s testimony, the role of legal professionals, and the state’s responses to rape culture. Specifically, it seeks to: (i) reconstruct the historical and normative trajectory of the crime of rape; (ii) problematize the symbolic and institutional mechanisms that sustain penal selectivity; and (iii) identify paradigmatic decisions that indicate alternative paths toward a more gender-sensitive justice system. The methodology is qualitative in nature, based on a narrative review of scholarly literature, relevant legislation, selected case law, and doctrinal documents. The results show that, despite normative advances, the criminal justice system still operates with moralistic, biased, and selective filters that hinder the effective accountability of perpetrators. It is concluded that impunity for rape is not merely a consequence of evidentiary challenges, but rather an expression of a legal rationality still shaped by structural machismo and the symbolic denial of sexual violence.