The practice disqualifies the versions of women who are victims of sexual violence; The PGR’s action calls into question the conduct of lawyers and judges in crimes of this type
On the eve of International Women’s Day, the President of the Federal Supreme Court, Minister Luís Roberto Barroso, has included actions regarding women’s rights in the agenda of this Thursday’s rulings (7).
One of these objectives, which came to the STF at the request of the PGR, is to prohibit asking questions about the intimate life of the victim and, consequently, blaming her during trials for crimes of sexual violence in court. The trial has Minister Cármen Lúcia as its rapporteur.
According to the Prosecutor, in trials of rape cases, for example, there is the idea of a gender-based defense, which allows the defendant’s lawyers to use details of the woman’s sexual life as arguments. The conduct violates women’s dignity and sexual freedom.
The suit asks the defendant and lawyers not to mention details of the victim’s romantic relationships and intimacy; that the judges take a position on this behavior of the defense of the accused; and that, in deciding cases, they do not use information about the woman’s intimate life.
What does the PGR support in the request
“The discussion of disqualifying the victim, through the analysis and exposure of her conduct and life habits, is based on the ‘hateful conception’ that it would be possible to distinguish women who deserve or do not deserve criminal protection for the violence suffered ” , the agency says.
“In an environment that should be welcoming, the woman victim of violence is herself judged on the basis of her morals and her way of life, in the defense’s attempt to justify the aggressor’s conduct, and without a proportional reproach from the State.”
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Another argument of the PGR is that, in investigations of crimes related to sexual violence against women, the victim’s consent is the only element to be evaluated. “The considerations regarding her behavior derive from biased and discriminatory conduct and must be promptly contained and reprimanded.”
According to the PGR, this practice is unconstitutional and must be invalidated, imposing on the bodies that conduct criminal proceedings the obligation to promptly repress it and hold accountable those who exercise psychological violence on the victim.
This Thursday’s trial will open with the presentation of the arguments of the authors of the case and the institutions. However, the presentation of the ministers’ votes will take place on another date, which is still open.
The Court session also provides tributes to the Women’s Dayas well as further processes focused on women’s sexual and reproductive dignity.
Source: Terra
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