Special testimony: important instrument for proving child sexual violence when there is family omission

Abstract

The within the family child and teenage sexual violence refers to a violation of the rights guaranteed to Brazilian children and teenagers, which occurs precisely within the family environment, where they should be protected and kept safe. In this context, the omission of those responsible or attempts to cover up the abuses make the discovery and proof of the crime even more challenging and time-consuming. Therefore, this research aims to present the child as a subject of rights based on Brazilian legislation focused on the protection of children and teenagers; define the concepts of sexual violence in general and within the family, demonstrating reports and underreporting; and highlight the importance of the Special Testimony, presenting it as a procedural tool and proving its capacity to be used as evidence in cases of sexual abuse. For this purpose a methodology of logical-deductive approach is used, starting from the premise that special testimony is a tool capable of proving the existence of sexual crime in which the victim is a child or teenager who the guardians fail in their duty to protect. The bibliographic review is based on books, articles, case law, norms of the Brazilian legal system, and international treaties. From this study, it is concluded that the Special Testimony is an important ally in cases where there is no material evidence and should also be used as an instrument to give voice to victims of sexual violence.