Correspondência Entre os Comportamentos Verbais em Crimes de Estupro: Denunciante, Vítima e Autor

Abstract

The objective of the present study was to correlate vocal verbal behaviors with vocal and non-vocal verbal behaviors as well as nonverbal behaviors in cases involving rape denunciation, according to Article 213 of the Brazilian Penal Code. In order to do so, four criminal lawsuits were considered, all of them related to cases of rape allegations and belonging to the 10th Criminal Court of Goiânia-Go. All legal care was taken, and there was a formal request for access to those documents, which were kindly provided for scientific analysis by the Honorable Judge Dr. Adegmar José Ferreira. Adequate care was also taken to ensure that identifying data were eliminated in a way that did not compromise the pertinent aspects to the due secrecy that each case involved. With the data collected for scientific observation, each one was evaluated in accordance with the criteria previously established according to the context of the theme and its delimitation. The results pointed to the following aspects: the data collected during the investigation phase and later at the trial-to-trial phase were scarce and did not deserve adequate thoroughness, especially with regard to the analysis by means of correspondence; The data from the medical-legal expertise – when available – were only provided to affirm or deny the existence of some form of sexual contacts maintenance, not pointing to the confirmation or denial of consent of the alleged victims; The sentences or decisions issued by the Court were based only on data of verbal behavior, although they did not activate a prior and well established script, which caused them to proceed in a casual way and not from reliable methods and that had already been Duly tested; There was no correlation of data in a multi and interdisciplinary way that could privilege the interaction of knowledge; And, finally, the importance of these analyzes for avoiding errors as much as possible in order not to eliminate them but to minimize them. It was observed at the end of the research that judicial errors are possible regarding the analysis of cases involving denunciations of rapes and that many of them may be harmed when not applying a scientific method duly validated. Our final proposal was the elaboration of a script capable of guiding the police and expert actions for the provision of Justice with reliable and sufficient data to support the decisions of the judges in cases of the same nature.