Banca de DEFESA: Manuela Azevedo Pedreira Melo

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Manuela Azevedo Pedreira Melo
DATE: 31/01/2024
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2MzNmMyNjMtMzc5Mi00NTNmLWI3ZDYtZmU1YWYwOTM0M
TITLE:

The Victim on the Defendant's Bench: Women Criminalized for Reporting Rape to the Justice System.

KEY WORDS:

False allegations; Rape; Feminism; Gender Violence; Criminal Justice System

PAGES: 167
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

There is a regime of suspicion directed at victims of sexual violence, who are often portrayed as liars, vindictive and malicious, based on gender stereotypes and discriminatory myths. Some of them are blamed for the violence they suffered, which, if taken to extremes, can transform them from victims to defendants. In this context, the objective of this dissertation was to analyze and understand the ways in which women who report rape to the criminal justice system eventually face criminal prosecution due to Denunciação Caluniosa (art. 339 of the Penal Code). To this end, I conducted a qualitative content analysis of 62 judgements issued by the Court of Justice of the State of São Paulo. The analysis was approached from epistemological perspectives that explore the potential dialogues and intersections between critical criminology and black and decolonial feminisms.. One of the most notable findings is the relationship between those involved in the reported rapes: the vast majority occurred in the context of domestic and family violence, particularly between intimate partners. I discuss the similarities and distinctions between sexual criminal law and the Maria da Penha Law, in legislation, criminal prosecution and in research, along with the harmful consequences of this fragmentation. It was also apparent that in nearly all judgements, the prosecution for Denunciação Caluniosa involved “retractions” of prior allegations: the women in question either expressed their desire to avoid or halt criminal proceedings against the accused, or declared she had lied in her previous report. These “retractions” were interpreted as confessions, and almost instantly the system shifted their status from victims to defendants, considering their testimony as the primary or sole evidence of their criminal conduct. An additional pattern noted was the systematic violation of multiple fundamental rights and criminal procedure guarantees, coupled with the predominance of precarious and pro bono legal representation. I conclude that, although it is not possible to determine, through reading the documents, who lied and who told the truth, it is reasonable to infer that some of them were indeed victims of rape. The others, despite having lied, found themselves in a position of social vulnerability and faced prosecution in disregard of their fundamental constitutional rights. In this context, I argue that the criminalization of victims of rape or domestic violence due to false accusations is detrimental to all parties involved: the justice system, the survivors, and the individuals wrongfully accused. I then present a hypothesis that needs further investigation: that women who report gender-based violence are frequently accused of this crime, which constitutes an instrument of retaliation, intimidation, and silencing. Furthermore, I contend that the situations under analysis transcend the concepts of "revictimization" or “secondary victimization”; instead, they represent severe gender violence perpetrated by the State, both through its actions and omissions, that are substantial enough to be considered primary rather than secondary. In conclusion, I emphasize the need for additional research on this subject, highlighting the importance of bringing this issue to the forefront of discussions about violence against women to ensure that their rights, whether as survivors or accused, are properly respected.

COMMITTEE MEMBERS:
Externa ao Programa - 2132634 - ANA PAULA ANTUNES MARTINS - nullInterna - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Externa à Instituição - CAMILLA DE MAGALHÃES GOMES - UFRJ
Presidente - 2222564 - CRISTINA MARIA ZACKSESKI