"Ela não mereceu ser estuprada”: a cultura do estupro, seus mitos e o (não) dito nos casos penais

Abstract

Women only deserve to be raped in a rape culture. This expression, thought by feminists, is designed and understood to announce the naturalization and normalization of male violence against women, with tolerance and sometimes incitement of, especially, rape, through various behaviors, including distrust around the version of the victim and, above all, their blame for the violence suffered. In this scene, this research intends to answer to what extent this culture manifests itself in the discourses of the agents of the criminal system in cases judged in Pará? Based on criminological and feminist readings on rape, I aimed to analyze the tolerance of rape in the criminal justice system through the analysis of 46 judgments involving this crime judged by the Court of Justice of the State of Pará in the year 2017, in other words, the manifestations of this culture in criminal cases. My hypothesis, therefore, is that the doubling of violence at institutional level in cases of rape indicates the existence of a rape culture in Brazil, which is reaffirmed and maintained by the criminal justice system and which is often manifested in what the judged are silent, and not in what they speak.