know that what was happening to me was a crime, I had a wrong idea: that [if] rape
happens, it is something that happens in a dark alley by a stranger. My parents didn't
know that incestuous rape was a crime, we had never heard of this type of crime. The
aggressor, like other aggressors, is very clever at keeping the victim silent. He
was an adult, part of my family, he had to guide me, he had to protect me, he was the
person who had to show me and that I had to see the world through his eyes. I never
thought about what he was doing to me... I hated it, but I couldn't give it a name, I
couldn't understand that it was a crime. Furthermore, he filled me with fear. He did not
use physical violence during the act of rape, but he did worse at other times; He hit me,
threw me to the ground, kicked me, and tortured the animals. I knew what he was capable
of, I knew what he could do to me if I didn't do what he wanted. I was full of fear. I didn't
even dare to confront him or question what he was doing. 191
99. With the set of circumstances contributing to the fact that incestuous rape is not
revealed (and, consequently, investigated and punished), it is essential that the State
act to widely disseminate the illicit and reprehensible nature of this conduct,
mobilizing everything its apparatus to facilitate, to the greatest extent possible,
dialogues on the topic and reports of its occurrence. Breaking the cycle of abuse
depends on exposing the secret. 192 In this sense, laws are especially important
because (i) they provide the appropriate framework and tools to punish offenders
and protect victims through criminal justice and child protection systems; (ii) they
serve as protective measures to deter potential perpetrators of sexual violence when
they are widely disseminated and understood; and (iii) when combined with public
awareness campaigns and training of authorities, they serve to accelerate cultural
and social change. In child sexual abuse expert Dr. David Finkelhor's summary,
"[t]he most basic thing the criminal justice system can do about a crime is to increase
its detection and disclosure and the likelihood that the offender will be apprehended
and prosecuted.” 193
100. It is especially relevant, therefore, that the State acts to raise awareness among
families about the importance of fully supporting a child who is a victim of abuse.
When a victim overcomes all obstacles to reporting and breaks the silence, the abuse
can have even more destructive effects if they do not receive the expected
support. 194 Additionally, when the abuse is revealed in a supportive environment
and the victim feels protected and respected, they can finally begin their healing
process, restore their perception of security and reinforce their self-esteem,
becoming less vulnerable to new attacks. 195 The State must also have a supportive
attitude to avoid victimization during investigative and judicial procedures. The
crucial nature of this approach is evident in the testimony of Ms. Losada, who
testified before this Court that “[t]wenty years later, I still have night terrors, and
post-traumatic stress syndrome, and it has more to do with the actions of the
prosecutors, forensic doctors and judges, rather than the rapes themselves.” 196
191
Cf. Statement by Brisa De Angulo Losada at the public hearing before the Court audiencia on March 29,
2022.
192
Cf. FURNISS, Tilman. The Multiprofessional Handbook of Child Sexual Abuse. Porto Alegre: Artes Médicas,
1993.
193
Cf.
Together
for
Girls.
Preventing
Sexual
Violence
Against
Children.
Available
at:
https://www.togetherforgirls.org/svsolutions/. Accessed on November 29, 2022.
194
Cf. DURRANT, Michael; WHITE, Cheryl. Terapia del abuso sexual. España: Gedisa, 1993.
195
Cf. RANGEL, Patricia Calmon. Abuso sexual intrafamiliar recorrente. Curitiba: Juruá, 2001.
196
Cf. Statement of Brisa De Angulo Losada at Public Hearing before the Court on March 29, 2022.
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