Judge Kárin Emmerich criticized a recent decision to acquit a man charged with the rape of a 12-year-old girl, stating that such decisions are not isolated incidents.
Judge Kárin Emmerich from the Minas Gerais Court of Justice expressed her dissent regarding the acquittal of a 35-year-old man charged with the sexual assault of a 12-year-old girl in Indianópolis, MG. She stressed that this type of decision, which undermines the presumption of vulnerability as defined in the Penal Code, is part of a broader pattern rather than an isolated occurrence. Her concerns highlight the implications of such legal interpretations on the justice system and victims' rights.
During an interview, Emmerich explained the legal technique used in the acquittal, known as 'distinguishing', which allows judges to not apply a mandatory precedent when the specifics of the case deviate from the situation that established the general rule. In this instance, the acquittal rested on a justification of a "consensual affective bond" between the accused and the victim, a reasoning that Emmerich strongly critiques, arguing that it fails to meet the necessary requirements for the technique's application in this case.
Emmerich's dissent raises important questions about the justice system's treatment of sexual violence cases and the potential consequences of allowing personal judgments about relationships to override established legal standards aimed at protecting vulnerable individuals. Her stance serves as a call to reevaluate how the judiciary interprets cases involving sexual offenses against minors, emphasizing the need for consistent application of the law to safeguard victims' rights.
