THE VULNERABILITY OF VICTIMS OF SEXUAL VIOLENCE TO PROSECUTION

Abstract

This research aims to portray the vulnerability of women victims of sexual violence through criminal prosecution. To this end, an analysis of the historical context of violence against women was carried out, portraying how they were seen from religious conceptions to when the world began to understand itself as society. Law 12.015/2009, expressed in the Penal Code, was analyzed, which aims to protect victims in cases of so-called “crimes against sexual dignity”. Sexual dignity consists of acts of sexual violation where there is no consent of one of the parties. In addition, a slight contextualization of Law 13.718/18 was produced, which is responsible for assigning sanctions to crimes that have become very present with technological innovation. Therefore, the main principles within the crimes of sexual violence are identified. Finally, it deals with the procedural norms inherent to the criminal prosecution regarding the sexual dignity of women victims of sexual violence. Given all the above, we conclude that the law over the years has been assigning laws so that women could enjoy their rights. However, it is not possible to modify the prejudice and guilt that women carry for being victims of crimes against their sexual dignity.