The theory of legitimate defense of those accused of sexual crimes overturned
On Thursday (23) the Federal Court unanimously decided to ban female victims of sexual crimes from hearings and police investigations.
According to the decision, the victim’s previous sexual life cannot be used as an argument for moral disqualification by police officers, lawyers and judges during statements in police stations, hearings and court decisions across the country.
The ministers also confirmed that the theory of legitimate defense of honor by the accused, accused of a sexual crime, cannot be used to justify violence and ask for acquittal.
Furthermore, the bodies involved in investigating and judging the case must prevent the disqualification of the victims, under penalty of liability.
The Court concluded the hearing that began yesterday (22) on the action presented at the end of last year by the Attorney General’s Office (PGR) to ensure that victims of sexual crimes are treated with dignity during the processing of cases.
Congratulations
The Court’s interpretation was based on the vote of Cármen Lúcia, rapporteur of the case and sole minister of the STF. In today’s session, the minister completed the vote expressed in yesterday’s session and stated that the ban on disqualification prevents the re-victimization of women and encourages the reporting of rape cases.
Cármen said that “cruel and perverse phrases” are uttered against women in statements made by courts and in police stations.
“They ask it at the police station, or the judges tolerate it, asking you something horrible, perverse and cruel [mulher] did she deserve it, what her behavior was, what her life was like before, as if the circumstance of being a woman or having a sexual life was disqualifying for the crime of rape,” she said.
Minister Alexandre de Moraes said the STF will no longer tolerate cases of disqualification of victims. “It is deplorable that, at the end of the first quarter of the 21st century, this structural machismo persists, even in hearings before the Judiciary”, he commented.
STF President Luís Roberto Barroso added that all crimes of violence against women carry the risk of re-victimization.
“The Supreme Court has made a possible contribution to countering a patriarchal society with structural machismo, which manifests itself in language, attitudes and market differences,” he added.
The minister’s position was followed by ministers Flávio Dino, Cristiano Zanin, André Mendonça, Nunes Marques, Luiz Fux and Gilmar Mendes.
Mari Ferrer
One of the cases that motivated the PGR’s action occurred with the model and digital influencer Mariana Ferrer, in 2018. During a hearing in which she testified as a rape victim, she was embarrassed by the defendant’s lawyer. The episode led to the approval of the Mari Ferrer Law, a law that protects victims and witnesses from embarrassment. Last year, the judge responsible for the case was warned by the National Council of Justice (CNJ).
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Who are the women who gave rise to the protection laws
Editing: Carolina Pimentel
Source: Terra
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