What exists beyond the word of the victim? The case law of the Superior Court of Justice on evidence in sexual crimes

Abstract

This article analyzes judgments from the Superior Court of Justice (STJ) on crimes against sexual dignity, in order to answer the following question: in addition to the victim’s word, what “other evidence” is valued in this type of crime in order to consider a factual statement proven? Therefore, a qualitative analysis of cases judged by the STJ in the year 2022 is carried out, systematizing them. At the end, in accordance with the results presented, the existence of three categories was verified: evidence related to the victim’s own words; consistent evidence in the word of others; reports (physical and psychological).

Palavras-chave
Jurisprudência do Superior Tribunal de Justiça; Prova de crimes contra a dignidade sexual; Palavra da vítima; Testemunho de terceiros; Laudos como prova