Vulnerable rape

legal, psychological and cultural aspects of crime against sexual dignity

Authors

  • Thiago Ribas Selenko Universidade do Contestado (UNC)
  • Alan Pinheiro de Paula Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v4.3962

Keywords:

Sexual Crimes, Vulnerable, Rape, Legislation

Abstract

The article addresses the issue of sexual abuse crimes against the vulnerable, whose recurrence requires maximum attention with regard to attempts at prevention, classification and new attributions of penalties. Through bibliographical research, its causes, consequences and framing are approached according to three aspects: cultural, psychological and legal. In the first chapter, the consideration starts from what came to be called “rape culture”, a phenomenon that would offer the cultural fabric that socially conditions the criminal act. Then, the notion of human and sexual dignity is presented, with special attention to the violation of the vulnerable. Then, the characteristics of the abusers established through specific studies are verified, with emphasis on the impact on the victim's life. Finally, by observing the legal changes that have taken place in recent decades, the issue of current legislation regarding sexual abuse, its controversies and proposals for adjustments is addressed. For a broader view that captures the nuances and imbroglios of the problem, the three aspects are treated together, thus, the bibliographic research sought to articulate them in the final considerations. The aforementioned theme has justified attention due to the seriousness of the crime, observed in the disastrous consequences brought about in the victims' lives. This research was carried out in a quantitative descriptive way, based on legislative and doctrinal bibliographic information from different renowned authors, through the deductive approach method.

Author Biographies

Thiago Ribas Selenko, Universidade do Contestado (UNC)

Graduando em Direito pela Universidade do Contestado, Brasil (2021)

Alan Pinheiro de Paula, Universidade do Contestado (UNC)

Mestre em Ciência Jurídica pela Univali (UNIVALI). Especialista em Gestão de Segurança Pública pela Universidade do Sul de Santa Catarina (UNISUL). Professor de Direito da Universidade do Contestado (UnC).

Published

2022-07-29

How to Cite

Selenko, T. R., & Paula, A. P. de. (2022). Vulnerable rape: legal, psychological and cultural aspects of crime against sexual dignity. Academia De Direito, 4, 1358–1378. https://doi.org/10.24302/acaddir.v4.3962

Issue

Section

Artigos