The Court of Justice of Minas Gerais, in Brazil, acquitted a 35-year-old man accused of rape against a 12-year-old girl. Judge Magid Láuar considered that the defendant and the victim had a “consensual emotional bond” and therefore overturned the first instance sentence that had sentenced the suspect to nine years and four months in prison. Walner de Azevedo, another judge, followed the decision, leaving judge Kárin Emmerich in the minority.
According to the Brazilian Penal Code, “having sexual intercourse or carrying out another libidinous act with a minor under the age of 14 constitutes a violation of vulnerability”. And the Supreme Court of Justice has already established the understanding that the victim’s consent, any previous sexual experience or the existence of a romantic relationship do not rule out the occurrence of the crime, recalls the G1 portal.
For the judge, however, the case that occurred in Indianópolis, Minas Gerais, “has peculiarities”. “There was a consensual emotional bond, with prior acquiescence from the victim’s parents and experienced in the eyes of everyone”, he stated in the sentence.
The suspect, who has a history with the police for murder and drug trafficking, was arrested in April 2024 when he was with the victim. Not only did he admit to having sex with the girl, but her mother said she let him “date” her daughter. Both were sentenced in the first instance to nine years and four months but appealed and were acquitted. The suspect left the prison where he was held on the 13th.
The Public Ministry has already announced that it will appeal and the National Inspectorate of Justice has initiated a request for action in relation to the actions of the judge and the court in question.
In politics, the case had the power to unite two deputies from the state of Minas Gerais, usually on opposing sides. For Duda Salabert (from the center-left PDT), “calling violence ‘love’ does not change the law”. “We have to make a complaint not against a specific judge but against a structural failure of the State”, he concluded.
Nikolas Ferreira (from Jair Bolsonaro’s PL), who even wore a wig on International Women’s Day from the pulpit of the Chamber of Deputies to attack Salabert, who is transsexual, stated that “it doesn’t matter if [a vítima] consented, if he has had other relationships or if she said she likes him.”
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