Intimidade exposta: quando a revitimização torna-se estratégia de defesa

Abstract

Abstract: This article aims to critically analyze how the exposure of female intimacy is used in judicial proceedings as a way of delegitimizing women’s testimony, thus resulting in a form of revictimization. Such practice, often presented as a defense strategy, reveals a structural pattern of gender-based violence, in which the woman’s body and private life become   instruments     of        attack  and      discredit. An interdisciplinary perspective was adopted, encompassing criminology, anti- discrimination law, and the articulation with the 1988 Federal Constitution, the Penal Code, the Civil Code, the Maria da Penha Law, the Carolina Dieckmann Law, Law nº 13.718/2018, in addition to international treaties such as CEDAW and the Belém do Pará Convention. Moreover, theoretical contributions from authors such as Heleieth Saffioti, Soraia Mendes, Judith Butler, Djamila Ribeiro, and Maria Berenice Dias are also included.

It is noteworthy that women’s intimacy is frequently exposed in court unnecessarily, whether in family disputes (custody and visitation of children) or in cases of sexual violence. This practice reiterates patriarchal stereotypes, turns judicial proceedings into stages of moral judgment, and worsens the victim’s suffering, producing long-term psychological harm such as anxiety, depression, and post-traumatic stress disorder. It is concluded, therefore, that the exposure of intimacy does not constitute a mere procedural tactic, but rather symbolic and institutional violence that perpetuates gender inequalities and undermines women’s access to justice. To overcome this, it is essential to ensure the effective application of international treaties, adopt practices to prevent revictimization, and promote a cultural and ethical transformation of the justice system, so that proceedings may become spaces of respect, emancipation, and genuine justice.