The Senate approved today (25) Bill (PL) 2195/2024, which considers the absolute vulnerability of the victim of the crime of rape as vulnerable, to establish the application of penalties, regardless of the victim’s sexual experience or if the crime results in pregnancy. The project now goes to President Luiz Inácio Lula da Silva for sanction.
The project amends article 217-A of the Penal Code, which deals with the classification of the crime of rape of a vulnerable person. The text says that having “carnal intercourse or carrying out another libidinous act with a minor under the age of 14” is considered rape of a vulnerable person, punishable by a sentence of eight to 15 years in prison.
According to the rapporteur of the proposal in the Constitution and Justice Commission (CCJ), senator Eliziane Gama (PSD-MA), the project aims to improve the protection of victims of vulnerable rape and reaffirms the understanding established in Summary No. 593 of the Superior Court of Justice (STJ), which considers The victim’s eventual consent, previous sexual experience or the existence of a romantic relationship with the defendant are irrelevant to the characterization of a crime.
“The amendment that establishes the absolute presumption of the victim’s vulnerability reinforces the legislator’s intention not to allow discussions that could distort the purpose of the rule, focusing on the protection of those unable to consent, as unfortunately still occurs frequently in the judgments of some Courts of Justice in the country”, he noted.
The approval of the project comes in the wake of the episode in which the 9th Specialized Criminal Chamber of the Court of Justice of Minas Gerais, which acquittedby majority vote, a 35-year-old man who had been convicted of the rape of a 12-year-old girl. The argument for acquittal was that they lived together as a couple.
In front of negative repercussion of the casejudge Magid Nauef Láuar, from the Court of Justice of Minas Gerais, accepted an appeal from the Public Ministry and upheld the conviction of a man accused of raping a 12-year-old girl. The court also issued arrest warrants for the man and the teenager’s mother, accused of connivance with the crime.
“It can be seen, therefore, that the explanation that the victim’s sexual experience or the occurrence of pregnancy are irrelevant to the application of the sentence eliminates any interpretations that could mitigate the seriousness of the crime or revictimize the person being raped. This measure provides greater legal certainty and clarity to criminal legislation, contributing to the effectiveness of the repression of this serious crime”, said the senator.
Title changed at 8:10 pm to correct information
