DIREITO PENAL E OS CRIMES SEXUAIS: A IMPORTÂNCIA DO DEPOIMENTO ESPECIAL DA CRIANÇA E ADOLESCENTE VÍTIMA DE ESTUPRO NO PROCESSO PENAL

Abstract

This article aims to answer the following question: "What is the importance of the special testimony of a child or adolescent victim of rape in the criminal process?" A qualitative research method was used, through bibliographic sources. Initially, a brief explanation was given about the concept of victimology, victim, and the relationship between victimology and children and adolescents. Afterwards, the crime of rape of a vulnerable person was discussed rom a criminological perspective. Furthermore, the general aspects of Law No. 13,431/2017 were explained, as well as the special testimony of the victim and its functioning. Finally, a jurisprudential study was carried out on the importance of the victim's statement for the criminal process. In the end, it was found that special testimony is an essential tool to guarantee justice and protection for victims of sexual crimes, especially when it comes to children and adolescents. In addition, it was concluded that the victim's statement, although relevant, is not sufficient by itself to support a conviction, and must be corroborated by other evidence.