TITLE:
Rape of Vulnerable People and Victim Statements: An Analysis of the Testimony of Children and Adolescents in the Judgments of the Court of Justice of Pernambuco in Brazil between 2018 and 2023
AUTHORS:
Gabriella Bastos Filgueiro Sampaio, Denise Luz
KEYWORDS:
Special Testimony, Protected Testimony, Rape of a Vulnerable Person
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.4,
December
25,
2024
ABSTRACT: This study deals with rape cases of vulnerable individuals tried by the Court of Justice of the state of Pernambuco, Brazil, published from 2018 to 2023, especially regarding the statements of child and adolescent victims or witnesses. It is clear that criminal evidence in these cases faces challenges due to the need for technical-professional support to take statements from people protected by the Child and Adolescent Statute and by Law No. 13.431/2017. This law establishes the rights and guarantees of child and adolescent victims or witnesses of violence and seeks to reduce revictimization by regulating special testimony, a hearing procedure intended for victims or witnesses of violence under the age of 18 in court or before police activity. The inductive method with quantitative and qualitative approaches was used through bibliographic research and documentary data collection techniques, in addition to content analysis. As a result, it was possible to identify the means of evidence and procedures most used in child and adolescent testimonies before and after the validity of Law No. 13.431/2017. It was found that the special testimony methods were not adopted in most cases tried by the Court of Justice of Pernambuco (Tribunal de Justiça de Pernambuco—TJPE), even though they are consolidated in the protectionist legislation and in the recommended investigative protocols.