The presumption of violence in sexual crimes (critical approach)

1st part

Abstract

The text examines the legal nature of the legal presumption of violence in sexual crimes, provided for in art. 224 of the Criminal Code, analyzing the current that considers it absolute and that which considers it relative. It argues that the presumption based on the victim's age rests on a legal fiction of incapacity to consent, whose empirical bases have been eroded by social and cultural changes and by the Statute of the Child and Adolescent. It criticizes relativization founded on moralistic conceptions, which requires the victim's honesty and confuses Criminal Law with Social Morality, creating a typical requirement by the judge. It concludes that the presumption is unconstitutional, offending legality and the presumption of innocence.