Grooming: a jurisprudential analysis with a gender perspective

Abstract

The study analyzed the crime of grooming based on the ruling “R.T.E. s/ Grooming (art. 131 C.P.)” in the province of Río Negro, considering its legal and social relevance from a gender and childhood perspective. It examined how the defendant, a mathematics teacher, established contact with a 12-year-old girl through the social network Snapchat, building a relationship of trust through deception and manipulation. The study highlighted the evidentiary difficulties inherent in sexual crimes committed in digital environments, where the automatic deletion of messages and content hindered the collection of evidence. The application of the Belém do Pará Convention was assessed as a basis for expanding evidentiary standards and incorporating a gender perspective into judicial interpretation. Likewise, the importance of the victim's testimony as primary evidence was considered, recognizing its validity within the framework of the principle of progressive autonomy. The analysis pointed out that the incorporation of a non-androcentric and non-adult-centric perspective in the justice system was essential to guarantee equitable and lawful decisions. Finally, it was concluded that the case contributed to highlighting the need for a regulatory and procedural framework consistent with international human rights treaties that effectively protect the sexual integrity of children and adolescents against new forms of digital violence.