A Brazilian court has acquitted a man accused of sexually abusing a 12-year-old girl, despite a prior conviction, raising serious concerns about the handling of sexual abuse cases involving minors.
The Court of Justice of Minas Gerais (TJ-MG) recently acquitted a 35-year-old man of charges related to the sexual abuse of a 12-year-old girl. This decision reverses a prior conviction where the defendant was found guilty of engaging in sexual relations with the minor in Indianópolis, located in Triângulo Mineiro. The court also cleared the girl's mother of any wrongdoing in connection with the case, further complicating the legal landscape surrounding this sensitive issue.
The ruling was led by Judge Magid Nauef Láuar, whose opinion was supported by Judge Walner Barbosa Milward de Azevedo. Notably, Judge Kárin Emmerich dissented from the majority opinion, highlighting the divisions even within the judiciary on such critical matters. The defense for the accused was represented by the Public Defender's Office, which has been pivotal in navigating the complexities of such cases, especially those involving minors and accusations of sexual violence.
Under Brazilian law, specifically article 217-A of the Penal Code, sexual acts with individuals under 14 years old are classified as rape of the vulnerable, and it's asserted that the victim's consent or previous sexual experience cannot constitute a defense. The recent court ruling, alongside the established jurisprudence of the Superior Tribunal de Justiça (STJ), raises pressing concerns and discussions about the treatment and protection of minors in the judicial system, particularly in terms of how sexual offenses are prosecuted and adjudicated.
