Coercion and consent in the crime of rape

the valuation of sexual acts in dispute

Authors

  • Mariana Silva Leite Universidade Federal de Uberlândia
  • Beatriz Corrêa Camargo
  • Marília Freitas Lima

DOI:

https://doi.org/10.14393/CEF-v33n1-2020-9

Abstract

The purpose of the present research is to analyze the issue of the victim consent to tipify the crime of rape in Brazil. This will be made from a reflection about the dispute of narratives in the Brazilian legal field. Thus, this study deals primarily with the most recent discussions on the concept of consent in Sexual Criminal Law at the international scope. Then, it is presented a panorama of the crime of rape in Brazilian law by making the counterpoint with some decisions gathered from the jurisprudence. At the end, the demand for victim’s resistance is concluded as a symbolic remnant of a patriarchal speech that denies women, above all, the autonomy to decide on their own sexuality.

KEYWORDS: Consent. Rape. Legal Field. Gender. Sexual Crimes.

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Published

2020-09-13

How to Cite

Silva Leite, M., Camargo , B. . C., & Freitas Lima, M. . (2020). Coercion and consent in the crime of rape: the valuation of sexual acts in dispute. Caderno Espaço Feminino, 33(1), 198–216. https://doi.org/10.14393/CEF-v33n1-2020-9

Issue

Vol. 33 No. 1 (2020)

Section

Dossiê Violência & Gênero