VIRTUAL RAPE

sexual violence in the digital era and the challenges of Brazilian legislation

Abstract

This article addresses the issue of virtual rape, a new form of sexual violence that occurs in the digital environment, where the victim is coerced into performing libidinous acts without physical contact. The main objective is to analyze the need to update the Brazilian Penal Code to classify this conduct as a crime, ensuring the protection of victims and the accountability of offenders. The research was conducted through a literature review, analysis of real cases already reported, and the study of bills aimed at criminalizing this practice. The study examined the legislative changes brought by Law No. 12.015/2009, which expanded the definition of rape, and the proposal of Bill No. 2.293/2023, which seeks to include virtual rape in the Penal Code. The research also highlighted the psychological impacts suffered by victims, the challenges in collecting digital evidence, and the difficulties faced by authorities in identifying offenders. It is concluded that, despite legislative advancements, the lack of a specific classification still generates legal uncertainty and favors impunity. The creation of clear legislation and the training of authorities to handle cybercrimes are essential to ensure victim protection and combat sexual violence in the digital environment.