Word of the victim as a means of proof in the crime of rape versus in dubio pro reo

Abstract

Through the study carried out, we sought to discuss the acceptance of the victim's word, in the Brazilian legal context. And in this way, to find out how this has been demonstrated through the testimonies given by the victims in the crime of rape. In addition, we also sought to show whether the condemnatory sentences resulting only from the assessment of what was stated by the victim could harm the principle that is also of great importance in the criminal sphere. This being present in the Federal Constitution in its article 5, item LVII, the principle of the presumption of innocence. The methodology used, for this article to be carried out, was bibliographic in nature. And finally, in relation to the objectives, the general objective was precisely the analysis of the value of the victim's word, combined with the principle of in dubio pro defendant, and its importance in the criminal sphere. And in relation to the specific objective, there was an emphasis on what the crime of rape would be, how it is characterized and its historical roots. Addressing also, the elements that are indispensable for the crime to be typified.