O valor da palavra da vítima nos crimes de estupro simples

Abstract

This work has the theme "The value of the victim's word in simple rape crimes" and has as object of study the statements of the victim of rape crime provided in art. 213, caput, of the Brazilian Penal Code, especially when their statements are presented as the only means of proof in criminal proceedings. The general objective is to analyze whether the victim's word is capable of sustaining a conviction when other evidence is absent. It is assumed that the crime of rape is a crime committed, most of the times, in a clandestine way, therefore, it will be analyzed cases in which the victim's word presents itself as the only possible proof of being produced in the process and the possibility or impossibility of sustaining a sentence condemning the crime of rape. Therefore, the study begins with the analysis of the probative activity in the Brazilian criminal process, highlighting the objective of the criminal process and the objective of the evidence. Also, the means of possible evidence to be produced in the Brazilian criminal process, and the systems of evaluation of evidence will be explained. Following, the rape crime foreseen in art. 213, caput, of the Penal Code, and its peculiarities. In addition, we investigate the ways of constructing evidence of the occurrence of the crime of rape and the difficulties that revolve around the production of such evidence, considering clandestine as a characteristic of the crime of rape. It should be emphasized that many times in the criminal process that seeks to establish the crime of rape, the victim's word is taken as an isolated instrument of proof, and it is not possible to produce other evidence to prove the occurrence of the crime. Finally, it is evaluated the possibility of sustaining a condemnatory criminal sentence only having the word of the victim as evidence in the criminal process, in the absence of other elements that can attest to the occurrence of the crime. For this, we will discuss the jurisprudential and doctrinal understanding on the subject in question.