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Cláudio Gastão da Rosa Filho, lawyer for the accused of rape
The judge uses the literature presented by the MP to justify the lack of intention to rape the vulnerable. There is no “guilty violation” in the law, but is that what the decision shows?
I do not agree. The research resulted in a 3,000 page survey. 22 witnesses were heard, 5 more than once, in addition to the accused and the plaintiff. Six expert reviews, search and seizure, and electronic equipment expertise. At no point did the evidence prove rape.
Why did you use photos of Mariana as a model when you argued that the complaint would be false? He spoke of “gynecological positions.”
Excerpts distort the context. The hearings were tense and the confrontations between the defense and Mariana were constant and prolonged. The dynamic between prosecution and defense, especially in the most complex cases, encompasses aspects related to the habits, profiles, relationships and attitudes of those involved. My query concerned the fact that he completely changed the profile of his posts after the start of the unfounded complaint. Everyone has the right to publish and take pictures as they wish and should not be judged for it. The key point is Mariana’s abrupt change in behavior to supposedly support the stereotype created for the character leading the case.
Do you regret any comments about it?
The dynamic between the prosecution and the defense often follows heated rites. In view of the selective filtering of audios, images and excerpts from a confidential process,
I’m sorry for the misunderstanding if someone has been offended. I am convinced that I have acted within legal and professional limits, considering the excitement that often occurs.
The information is from the newspaper The State of S. Paulo.
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