Direito penal: síndrome da alienação parental e as falsas acusações de estupro

Abstract

The statements of the victim as the only means of evidence in the conviction of cases involving rape crime have generated a concern. The victim's word has a differentiated value when it comes to sexual crimes, so it is necessary to deepen the Doctrinal and Jurisprudential positions around when there is no trace of materiality in the crime of rape. The objective of the present study was to analyze the doctrinal and jurisprudential approach regarding the level of appraisal of the victim's word, as an exceptional means of proof for conviction in rape crime. We analyzed authors of Criminal Law, Criminal Procedural Law and sentences in cases of sexual crimes, and as a consequence of an incidental finding, we also analyzed some cases in Family Law, with the purpose of identifying or not controversies, and possible errors of convictions, based on the use of the victim's word alone in rape crimes. With regard to the Doctrine, it is understood that in the case of sex crimes, despite having a differentiated value, the victim's statement must be evaluated together with other elements that reinforce the facts narrated. However, in relation to Jurisprudence, there is a controversy, since they were found condemned only with the victim's declaration and they are judged in the opposite direction that absorb by only having this restricted means of proof, what sharpened the necessity of deepening, and thus arriving to knowledge in Family Law, about the existence of the Parental Alienation Syndrome, which has served as a subterfuge to falsify narratives of rape crimes, causing serious consequences and even a possible error of condemnation. Considering that there are still cases of conviction, based on the isolated use of the victim's word, there is a need for Constitutional Law, Criminal Law and Criminal Procedure to bring to debate and deepen the dangers of false accusations, taking into account the phenomenon of Parental Alienation Syndrome, and thus, try as much as possible to prevent an innocent being convicted or a guilty party acquitted.