Masculinities and Sexual Violence

A Critical Analysis of Judicial Decisions

Abstract

This article examines the role of the criminal justice system in reproducing sexual violence through the institutional management of masculinities. It starts from an understanding of sexual violence as a structural phenomenon, embedded in historical relations of power, and articulates feminist theoretical contributions on patriarchy, masculinity politics, and rape culture with an empirical analysis of two judicial decisions issued in rape cases adjudicated by the Court of Justice of the State of Rio Grande do Sul, Brazil. The article argues that rape is not only judged by the justice system but also symbolically produced by it, insofar as judges define the boundaries of what is recognized as sexual violence, who may be considered a victim, who is recognized as an aggressor, and which male behaviors are de-responsibilized, normalized, or legitimized. The methodology consists of an analysis of the two judicial decisions, followed by theoretical analysis. Two paradigmatic cases were selected, allowing for the identification of how masculinity scripts—such as honor, virility, entitlement to sex, control, and masculine rationality—operate within judicial discourse to minimize or deny sexual violence. By problematizing categories such as rape culture, violent sexuality, pornography, and sexual virility, the article demonstrates how misogynistic conceptions of sexuality are naturalized in judicial decisions and expand institutional tolerance toward violence against women. It concludes that the effective prevention of gender-based violence requires the critical examination and deconstruction of the masculinities validated and protected by the justice system, as well as the centrality of women’s autonomy and sexual freedom in the legal interpretation of sexual violence.