Cyberviolence Against Sexual Diversity: Victimology, Revictimization, and Gender Perspective Judgment

Abstract

This article discusses cyberviolence against sexual diversity, institutional revictimization, and the fight against cyberLGBTphobia. In this sense, it questions how the criminal justice system revictimizes LGBTQIAPN+ victims of cyberviolence. The objective is to investigate how Victimology and the Gender-Perspective Trial Protocol can address the institutional revictimization of LGBTQIAPN+ people. Thus, we intend to: identify the main manifestations of cyberviolence that affect LGBTQIAPN+ people and the gaps in legal protection; analyze the institutional revictimization of LGBTQIAPN+ people in the criminal system from the perspective of Victimology; and evaluate the use of the Gender-Perspective Trial Protocol in cases of digital violence against sexual diversity. Qualitative dialectical research was adopted to approach the topic, and the descriptive method was used to conduct the work, with data collection and bibliographic review, using articles and national legislation. As a result, it was observed that although there is specific legislation, the justice system re-victimizes victims due to the lack of preparation and adequate protocols and the application of the Protocol with a Gender Perspective can contribute to fairer and more sensitive trials, being fundamental for the effective protection and reception of the LGBTQIAPN+ population.