First of all, negligent rape does not exist in the Brazilian legal system. Rape already presupposes the idea that there must be intent, that is, there must be intent to commit it.
The culpable modality may only occur when provided for by law, which is not the case with the crime of Rape.
Intent occurs when someone intends or takes the risk of committing a crime.
Example: A person, with intention, takes someone's notebook.
Guilt, on the other hand, occurs when there is no intention, but you end up committing a criminal offense. It occurs when there is recklessness (a lack of care that results in a crime or misdemeanor), negligence (knowing the risks but failing to take proper precautions), or incompetence (a lack of technical expertise that results in a criminal offense).
Example: A person, without intention, gets confused thinking it was theirs and takes someone else's notebook.
In this sense, the crime of rape is provided for in art. 213 of the Penal Code, in the chapter on Crimes Against Sexual Freedom, and occurs when there is coercion, through violence or serious threat, to have carnal intercourse (complete or incomplete introduction of the sexual organ) or to practice or allow another libidinous act to be practiced (an act that has the purpose of satisfying sexual desire).
There is no possibility of someone committing a crime through negligence, using violence or serious threats, as is the case with rape. The individual who commits it intends to do so.
In the case of rape, the penalty is imprisonment of 6 (six) to 10 (ten) years.
If there is serious bodily injury or if the victim is over 14 (fourteen) years old and under 18 (eighteen) years old, we have a prison sentence of 8 (eight) to 12 (twelve) years.
Finally, if the conduct results in death, we have a prison sentence of 12 (twelve) to 30 (thirty) years.
Do you have any questions? Leave a comment below.
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