Restaurative justice as a possibility for judicialization of rape cases against women: an alternative to the punitivist criminal system

Abstract

ABSTRACT:

The present work, through a bibliographical study, aims to discuss the possibility of adopting restorative justice in cases of rape against women. This because the traditional model of criminal justice, clearly punitive, has as its primary objective the adoption of punishment without taking into account the needs of the victims, which is almost always seen as a probative object for the condemnation or absolution of the aggressor. As rape is a form of violence that leaves indelible consequences on the victim, and considering the high number of cases of rape against women in Brazil, there is a need to reflect on the inadequacy of the punitive, retributive, criminal system in the judicialization of this criminal practice. Among other things, the criminal system tends to reproduce the gender stereotypes present in the social common sense, the consequence of it is the revictimization of women, blaming her for the violence which she was the victim. For this reason, it’s necessary to analyze if the restorative model, whose core is the repair and, therefore, prioritizes the needs of the victim without neglecting the aggressor is an alternative to the rape approach.