The STJ - Supremo Tribunal de Justiça (Brazilian High Court of Justice), acquitted a man who was accused of raping three underage girls, all of them aged 12.
During the controversial judgment, the Supreme Court decided that “not always having sex with a minor under 14 years can be considered rape”. In this specific case, the accused had relationships with three minors who allegedly “were prostitutes”. Given this information, the court concluded that the presumption of violence in the crime of rape can be removed “in some circumstances”, like in this case.
As for the STJ, "If there is violence or serious threat, the defendant should be punished. If there is sexual exploitation, the defendant should be punished. The High Court only allowed the accused to produce evidence that the conjunction occurred with the consent of the alleged victim." In other words, if a minor has sex with an adult and this minor has “consented” it, so there’s no crime. It means that sexual abuse of kids has received green light from the Brazilian High Court.
How can a kid defend herself/himself against an adult before the court?
Some things, I believe, only occurs in Brazil!
Now, for sure, the sexual exploitation of children will increase due to this “understanding” and an open precedent. Foreigners who come here intending to do so, will be free to do what they want to Brazilian children - with the protection of STJ.
That’s the kind of Justice we have here: a blindfolded one!
Read the article, in Portuguese, clicking here.