THE CRIME OF RAPE OF A VULNERABLE PERSON AND THE CRIMINAL PROTECTION OF SEXUAL DIGNITY

Abstract

This article analyzes the offense of statutory rape of vulnerable persons and the criminal protection of sexual dignity within the Brazilian legal system. It starts from the historical evolution of sexual crimes, formerly linked to public morality and customs, until the consolidation of sexual dignity as an autonomous legal interest, especially after Law No. 12,015/2009. The research is bibliographic, documentary, and qualitative, supported by Brazilian scientific articles published from 2015 onward. The study examines article 217-A of the Brazilian Penal Code, age-based and situational vulnerability, the comprehensive protection of children and adolescents, evidentiary challenges, underreporting, and the institutional effects of criminal prosecution. It concludes that criminal protection is essential to prevent the violent or abusive anticipation of sexuality among persons who cannot validly consent, but it must be combined with public policies, protected hearing procedures, and intersectoral action to avoid revictimization and strengthen the effectiveness of sexual dignity.