Military was the victim’s percussion teacher; case was discovered by the teenager’s mother, after seeing messages on her daughter’s cell phone
a sergeant from Army that injures no Colégio Militar de Brasilia was sentenced to four years and eight months in prison – and the possibility of excluding Armed forces – for sexually harassing a 13-year-old student. The decision is dated October 2021, but was released by the Superior Military Court (STM) on January 11. The soldier was the teenager’s percussion teacher. According to the STM, the case took place in the school’s musical space room. “The military embarrassed the 8th year elementary school student, with a kiss on the mouth, focusing on the practice of violent indecent assault”, says a note. After the episode, the sergeant began to send ’emojis’ of kisses and hearts to the victim, as well as loving content songs and statements such as “I’m in love”, “I love you” and “I will make you happy”. The teenager’s mother was the one who discovered the exchange of messages after she began to exhibit ‘euphoric, conflicted and depressive’ behavior.
The Prosecutor’s Office reported that the teenager rejected the military man, but he continued to send the messages. In court, the sergeant denied the kiss and said that some messages were lies, only recognizing one of them that he would have sent ‘to help the student, as he saw her very depressed’. His defense questioned the veracity of the prints presented and claimed that the psychological damage to the teenager was the result of school disagreements, low self-esteem and the health condition of the student’s father. The Permanent Council of Justice (CPJ), which reviewed the case, did not accept the defense’s arguments. For federal judge Flávia Ximenes Aguiar de Sousa, the testimonial evidence was unanimous.
“The victim’s testimony has greater probative value, as long as it is in harmony with the other evidence. The procedural instruction was extremely careful and exempt in what belongs, even verifying the possibility that the minor’s narrative could only express a fantasy. There is no doubt about the practice of a violent act in decency, as the defendant was successively embarrassing the victim in his seduction endeavor until the moment he managed to steal a kiss from her, this one of an indisputably lascivious and sensual character”, decreed the judge. The decision can be appealed at the Superior Military Court of Brasília.