A perpetuação da cultura do estupro pela via estatal: a culpabilização da vítima nos casos de abuso sexual de meninas

Abstract

This study aims to desconstruct the culpabilization of girls victims of sexual abuse, which occurs within state activities that involve the application of law. For this purpose, the dialectical materialism method was used from a marxist structuralist approach, spearheaded by Louis Althusser. A socialist feminism approach was also employed, with a focus on the works by Heleith Saffioti. By using a review and analysis on the existing legislation and specialized literature about the subject, this research sought to demonstrate the structure involved in the process of responsabilization of girls victims of sexual abuse when this happens through the application of law as a means of state activity. This way, the relevant social contradictions which bring double suffering to girls because of their gender condition and vulnerability were presented, given the logic of domination and exploitation of one being by the other. Finally, this study concludes that, through all its apparatus, the Ideological Apparatus of the Juridical State, according to the Althusserian understanding, contributed to the maintenance of the status quo and reproduces the dominant ideology, being the patriarchy a collaborator to such ideology. Thus, it is not possible to glimpse the overcoming of the social inequalities here addressed as long as our society is guided by the standards of a competitive system such as the capitalism.