This paper deals with the evolution of gender-based sexual crimes in the Brazilian Criminal Code of 1940. It exposes how gender-based sexual crimes were intrinsically linked to moralism and, driven by new constitutional principles, moved away from it. It also examines how, concurrently with this process of dissociation, there was a transition of the legal interest protected by them. Finally, it deals with their approximation to paternalism. The analysis of the legal changes operated in this category of crimes not only points out the progress made but also indicates where revision is required. Thus, the work aims to contribute to improving protection against sexual violence.