A CONSTRUÇÃO DAS VÍTIMAS E CRIMINOSOS NOS DELITOS DE NATUREZA SEXUAL: UMA ANÁLISE CRÍTICA

Abstract

In societies founded on patriarchal bases, archetypes of victims and sexual aggressors corrupt the popular imagination and even the political-legal sense of the authorities. Historically, it has been observed that victims of sexual violence have always gone through a long process of social invalidation. From Antiquity to the Middle Ages, the woman was seen only as a territorial extension of the patrimony of her family or husband. In this context, with great influence, the religious discourse creates the first archetypes of victims and sexual aggressors. Bearing this in mind, only a woman of immaculate morals, such as the “Virgin Mary”, could figure as a genuine victim of rape. On the other hand, the narrative was constituted through the image of a naturally evil man, the “demon”. A posteriori, in the 19th century, scientism pathologized rape, attributing psychiatric dementia to the sexual aggressor, sharpened by characteristics inherent to the male condition. However, in this analysis, it was found that the archetypes in question function as a “smoke screen” for a society based on gender, race and class asymmetries. Therefore, this work aims to denounce and critically analyze the depoliticization of crimes behind all these thematization and figurativizations, marked by religiosity, scientific discourse and, essentially, supported by Law, as they omit the causes and factual circumstances of sexual violence.