Don Juan's scam

analysis of phenomenology and justice responses to fraud by intimate partner

Abstract

Objective: To understand the phenomenology and responses offered by the criminal justice system to the so-called romance scam, perpetrated against women in intimate relations.

Methodology: Quantitative and qualitative analysis of 39 criminal procedures fraud perpetrated by an intimate partner or family member against a woman, in the Federal District of Brazil, in 2019 and 2020.

Results: There is a specific profile of victimized women: white (53.8%), middle-aged (majority between 25 and 44 years old), residents of upper-middle or high-class neighborhoods (61.9%), with economic income above 3 minimum wages (59%), and established professions. 38.5% of offenders had other police records. In 35.9%, the relationship lasted up to 6 months. In 5.1%, the crime was entirely committed via the internet, and in 20.5%, it began on the internet. Three types of scams were identified: inducing the delivery of goods (48.7%), abusive management of assets (66.7%), and forgeries (23.1%). Strategies used were abuse of the emotional relationship (41%), false identity (35.9%), fear (35.9%), emergency simulation (30.7%), care requirement (25.6%), and false opportunity (15.4%). The total value of the scams amounts to R$ 2.7 million. In 23.1%, the application of the Maria da Penha Law was excluded. There was little personal (33.3%) or patrimonial (7.7%) protection. In 23.1%, there was an indictment, and in 10.3%, there was a conviction, with an average sentence of one and a half years. Qualitative analysis reveals the existence of gender relationships and deficiencies in criminal investigation.

Conclusion: The justice system needs to better incorporate a gender perspective for the investigation and trial of romance fraud crimes.