WOMEN AS ACTIVE SUBJECTS IN THE RAPE OF MALE MINORS, RESULTING IN PREGNANCY: LEGAL CONSEQUENCES

Abstract

This article addresses the complex issue of the rape of underage boys, with an emphasis on cases where the crime results in the pregnancy of the aggressor. The analysis is conducted under Brazilian legislation, particularly the Penal Code, the Statute of the Child and Adolescent (ECA), the Civil Code, and the 1988 Federal Constitution. The study examines the legal classification of the rape of vulnerable individuals (Article 217-A of the Penal Code), highlighting the possibility of women being the active subjects of the crime, as well as the legal implications arising from a pregnancy resulting from the crime. Issues such as the underreporting of cases involving male victims, the imposition of paternal obligations on the victim, and the rights of the unborn child to life and family life are also discussed. It is argued that the legal system presents significant gaps in addressing these situations, requiring a critical revision of norms to ensure full protection for both the victims and the unborn child. Proposals include greater legislative clarification regarding the civil responsibility of the aggressor, the prohibition of paternal obligations for the victim, and expanding the debate on abortion in atypical contexts.