Improvement of criminal legislation and presumption of violence in the crime of vulnerable rape

Abstract

The object of this article is the crime of rape of a vulnerable person, provided for in the Brazilian Penal Code, as well as the consequences to the detriment of the victim. This is a crime that often occurs “silently”, without leaving any traces, which can make it difficult for the victim or his representative to communicate with the public authorities. The crime of rape of a vulnerable person was improved by article 217-A of the Penal Code, through Law 12.015/2009 with the scope of treating the vulnerable as people more likely to be victimized due to specific conditions (age, disability, infirmities or deficiencies). In this context, it is necessary to address the circumstance of mental disability in the light of Law 13,146 of July 6, 2015, which provides that disability does not affect the person's full civil capacity, including to exercise their sexual and reproductive rights. It is worth mentioning that the person with intellectual disability who does not know how to discern about the sexual act to which he is conducted does not cease to be part of the list of vulnerable who may be passive subjects of the crime of rape of a vulnerable person. The issue of the profile of the abuser will also be addressed, which is largely revealed in the figure of relatives or close people. Finally, the issue of unwanted pregnancy as a result of the crime discussed here will be addressed. The methodology used was deductive, through legislative and doctrinal references.