Vulnerable rape

a reflection on the word of the victim and criminal proof in the light of the Law 13431/2017

Abstract

This study seeks to carry out a brief analysis of the evidence produced in the criminal action that investigates the denunciation of the crime provided for in art. 217-A, of the Penal Code, typified as rape of the vulnerable, especially with regard to the special relevance of the testimony of the victim in comparison with the other elements collected during the investigation of the process and which will assist the Court when providing protection jurisdictional. It is emphasized that the conviction for crimes of this nature must be substantiated in sufficient elements to prove the authorship and materiality, the victim's word being in line with other evidence of the process (documentary, testimonial, expert, crime body) or, if isolated, is sufficient to give rise to a conviction. The method of approach used is the deductive one, considering that the victim's word needs to be confronted with the elements mentioned above, which would effectively lead to a fair sentence. Along this path, attention should be paid to the provisions of Law 13.431 / 17, which establishes guarantees for the rights of the child and adolescent victim or witness of violence and regulates the so-called special testimony as an appropriate way in the search for proof of the authorship and materiality of the crime.