Brazilian judicial system launches investigation after rape victim’s was ridiculed during a hearing


Brazilian judge is under investigation for his handling of rape case where an Instagram influencer was insulted by ‘attacker’s’ lawyer who ordered her to wipe away her ‘crocodile tears’

  • National Council of Justice is looking into the behavior of judge Rudson Marcos after a defense lawyer humiliated an alleged rape victim during a hearing
  • The Intercept Brasil posted a video clip of the virtual court session in which Gaston da Rosa tells Mariana Ferrer to wipe her ‘crocodile tears’
  • Da Rosa represented André Aranha who was acquitted by Marcos of raping Ferrer at a beach club in December 2018 in Florianópolis 
  • During the hearing, Da Rosa insinuated that Ferrer dressed provocatively and said he asks ‘God that my son does not find a woman like you’

A Brazilian judge is under investigation after presiding over a hearing in which a defense attorney berated an alleged rape victim and ordered the woman to wipe away her ‘crocodile tears’. 

The Brazilian National Justice Council revealed that it will probe the conduct of Judge Rudson Marcos as well as his eventual not guilty verdict in the trial of businessman André Aranha. 

 The Intercept Brasil posted Monday a video clip of the virtual court session in which defense attorney Gaston da Rosa Filho questioned the validity of Mariana Ferrer’s sexual assault accusations against Aranha at a beach club on December 15, 2018 in the southern city of Florianópolis.

Ferrer claims Aranha drugged and raped her in 2018 while Aranha says the Instagram influencer consented to sex.  

Mariana Ferrer was interrogated by the defense attorney of a Brazilian man she accused of rape on December 15, 2018 at a beach club in Brazil. The Intercept Brasil posted a video of a hearing in which André Aranha’s lawyer told the woman her clothing was provocative in an attempt to hold her responsible 

Businessman André Aranha was cleared of rape charges by a judge in Santa Catarina, Brazil, on September 9

Businessman André Aranha was cleared of rape charges by a judge in Santa Catarina, Brazil, on September 9

Lawyer Gaston da Rosa (top left) humiliated Mariana Ferrer (bottom left) during a virtual court hearing centered around her allegations that she was raped in December 2018

Lawyer Gaston da Rosa (top left) humiliated Mariana Ferrer (bottom left) during a virtual court hearing centered around her allegations that she was raped in December 2018

During the court hearing, the attorney displayed a photo taken from Ferrer’s social media accounts and charged that her clothes and images were provocative.

‘I ask God that my son does not find a woman like you,’ da Rosa said before adding, ‘Your little show will go there on your Instagram, to gain more followers. You live on that. Mariana, let’s be honest, tell the truth.’

Da Rosa contended that Ferrer was motivated to make the claims for financial gain, saying that she lost her employment at a cafe and that her rent was seven months late before judge Marcos interceded and told him it was ‘a matter of allegation.’

The high-powered lawyer then displayed two more photos of Ferrer and accused her of seeking to ‘manipulate this virgin story.’  

Da Rosa proceeded by showing a picture of Ferrer squatting while pulling down her t-shirt.

‘There is no point in coming with your concealed, false crying and this crocodile tear,’ da Rosa said as Ferrer broke down and started crying.

‘Please, your honor, even defendants, even murderers, aren’t treated the way I’m being treated,’ Ferrer said before Marcos informed both sides that he would stop the hearing so that Ferrer could take a break and drink water. 

Ferrer was hired to host the beach bash arranged by Aranha, who has a close relationship with many of Brazil’s top soccer stars. A surveillance video shows Ferrer walking down a flight of steps and pushing a door open with Aranha trailing behind. 

Aranha told authorities he only had oral sex with Ferrer, but she alleged that the businessman drugged her and that she did not remember what happened afterwards.

Mariana Ferrer said she was hired to host a party at a beach club on December 15, 2018 in the southern city of Florianópolis.

Mariana Ferrer said she was hired to host a party at a beach club on December 15, 2018 in the southern city of Florianópolis.

Mariana Ferrer

André Aranha

Surveillance camera shows Mariana Ferrer walking down a flight of steps with André Aranha following her through a door. Aranha told investigators he had oral sex with Ferrer. Ferrer said she was drugged and sexually assaulted

Investigators discovered Aranha’s semen and blood on the clothes she wore the night of the alleged sexual assault. A toxicological report did not find traces of alcohol or drugs in Ferrer’s system. 

Aranha eventually was acquitted of all charges on September 9 after the court judge found there was lack of evidence to support Ferrer’s claims. 

The video clip drew outage on social media, including from Supreme Court Justice Gilmar Mendes, who on Tuesday slammed the judge and defense attorney’s behavior.

‘The scenes in Mariana Ferrer’s audience are appalling,’ Mendes wrote on Twitter.  The justice system must be a welcoming instrument, never one of torture and humiliation.’

Mariana Ferrer had pleaded with the judge to cut off the attorney's line of questioning

Mariana Ferrer had pleaded with the judge to cut off the attorney’s line of questioning

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