Revitimização da mulher : análise acerca da inquirição da vítima nos crimes de estupro e a possibilidade de aplicação do depoimento sem dano

Abstract

Considering the significant number of rape cases and underreporting of this crime in Brazil, as well as the use of the word of the victim as the prime evidentiary source, the following question arises: “The adult woman victim of rape crime is revictimized when giving the statement required by the Brazilian criminal process?”. If positive, for which reasons? Is it possible to apply a no-harm testimony in these cases? The goal of this work is to analyze if the adult woman victim of rape crime is revictimized in the questioning applied by the Brazilian criminal process. Specifically, the goal is to show for which reasons this happens and to analyze the possibility of taking the statement without damage, as stated in Law 13.431/17. To this end, this work uses bibliographical, deductive, and qualitative research. In conclusion, the adult woman victim of crime experiences secondary victimization when giving statements in the criminal process, as a result of stigmas created by the patriarchal culture. Thus, there is a need to adopt a strategy capable of promoting a more humanized testimony taking, confirming the possibility of applying the special statement, introduced by Law 13.431/17, to adult women victims of rape.