Vitimologia: o papel da mulher como vítima nos crimes de estupro

Abstract

The victimology as a science that studies the victim, arising from the need to improve the penal and criminological sciences, seeks to understand the different roles it plays in a criminal legal relation, analyzing psychological, biological and social aspects, in order to clarify the points that make up the offender-victim relation in a delict practice. Establishes the behavior of the victim as one of the possible causes for the transgression committing, as well as the difficulty of protection for those who have their freedom impaired by someone who goes beyond what is allowed. Besides trying to resolve criminal conflicts, it seeks a necessary protection for that those who have been weakened by the victim condition, do not come to suffer unnecessary reproaches of the legal system that owes them protection. However it is necessary for our society, in its great majority patriarchal and moralist, not to intervene with their prejudiced judgments about the possible fault of the victim, especially when it comes to women victims in sexual offenses, although it is a handy justification before the masked resolution of those offenses. Admittedly, the victimological study after the Second World War and the advent of feminism of the 70s, constantly seek to deconstruct the idea that victim/woman/fragile must undergo what is imposed as right and wrong, putting them often the same level as those who practice crimes against sexual freedom. The Victimology goes further. Means analyzing all aspects of a criminal relation, offender, victim and crime, yet without confusing the roles played in these unlawful activities.