RAPE: ANALYSIS OF THE VALUE OF THE VICTIM'S WORD TO PROVE THE CRIME

Abstract

The present work deals with the jurisprudential questions about the victim's defense for the realization of an expert opinion, being these two possible evidentiary mechanisms that should be presented together, in the case of rape of a vulnerable person, because it is a criminal act that does not allow lots of strong evidence for investigations. Or study traced as a problem, what or value of the victim's deposit as substantive proof, not the crime of rape, as hermeneutically established by the STJ? Ou seja, qual o valor da palavra da vítima to prove or crime. O Trabalho tem as a general objective of: Demonstrating ways to hold the agent accountable, only with the word of the victim as proof for condemnation of the réu. Bem as specific objectives of: Provide the knowledge regarding the concepts of sexual violation and elements of the crime of statutory rape; address the role of evidence in the judicial process, with a focus on the testimony of the victim; analyze the value of the word of the victim and show the mistrust between the word of the victim as an investigation procedure to prove the truth in crimes of statutory rape. The study is justified by showing that when a person is a victim of violence, obscuring their sexual freedom, through rape, they suffer serious consequences in their physical and psychological health, which can be transformed into disturbances that last for a long time. For the construction of the study, a bibliographical research was chosen, with searches for information not in academic google and using materials such as magazines, articles, national legislation and others.