By Fernanda Tórtima and Maíra Fernandes
It is astonishing to see how some of the press still fails to reconcile its important role of informing society, including about the content of criminal proceedings, with the principle of the presumption of innocence.
Since we are discussing football, it is worth remembering that the issue at hand was once the often improper and even criminal relationships of Brazilian businessmen and politicians, whose actions were prematurely judged by the media and public opinion for years. The result was evident: companies went bankrupt, and many individuals who were investigated had their lives ruined, only to be later acquitted.
Now, it seems that attention, and the suspension of guarantees such as due process and the presumption of innocence, is shifting toward sexual crimes.
There is no reason to publicly expose anyone, even those accused of sexual crimes, before the responsible authorities for criminal prosecution conclude that there is at least minimal evidence of a crime committed by the individuals under investigation.
It is precisely at this point that the premature judgment of Robson Bambu and his friend, who is also the target of accusations from the alleged victim, takes on the appearance of absolute irresponsibility. The investigation into this case has not even been concluded, with the final report not yet being compiled, nor has an indictment been filed by the Public Ministry. Even if they were already named as defendants in a criminal case, they would still be presumed innocent until a final conviction. It is a complete absurdity to damage someone’s reputation and career when not even minimal evidence of a crime has been gathered.
It is not overlooked how sensitive cases involving sexual crime accusations are. Precisely because of the severity of such accusations for men and the importance of the issue for women, it is recommended that prosecuting bodies and judges exercise extreme caution in investigating the facts, aware that, although false accusations are not the rule, they do occur.
Undoubtedly, a false accusation of sexual crimes causes irreparable damage: i) to the accused, who, in addition to the possibility of being unjustly convicted, may have their reputation destroyed by the stigma of being labeled a “rapist” – which is already happening in this case; and ii) to women themselves, by undermining the credibility of victims’ testimonies in cases of real violence and weakening the public efforts of movements aimed at protecting against violence.
In fact, another serious mistake, frequently made by journalists in various media outlets, concerns the weight given to the victim’s word. Yes, it is highly significant, but it is not absolute.
It is well-known – though not explicitly defined by law, as a particular columnist mistakenly suggested – that there is a doctrinal and jurisprudential understanding that values the victim’s word in investigations involving sexual crimes. Since these are crimes that typically occur in private settings, the evidence is complex, and certainly, the victim’s testimony should be given weight. However, as also well-established in case law, the victim’s word, in order to lead to a consistent accusation, must: i) be consistent internally (i.e., align with the victim’s own previous statements) and ii) be supported by other pieces of evidence (i.e., external consistency), so that false accusations are not legitimized.
This is not the case here. Regrettably, without knowing the evidence in the case files, which would allow verification of the internal and external coherence of the alleged victim’s narrative, a segment of the media has already opted for the public degradation of the accused. Worse still, since the investigation is confidential, they do not have the means to defend themselves in the public arena, leaving them only to wait for the investigation to be concluded so that they can then seek to hold those responsible for the damage caused to their dignity.
Published on UOL.