Testimonio de la víctima y presunción de inocencia una mirada desde el ordenamiento español

Abstract

Introduction. The probative importance of the testimony has undergone an evolution from the mathematical calculation of evidence to the current evaluation rules that require reasoned motivation. The unique testimony of the victim in sexual crimes presents unique problems that will be analyzed. Objective: the analysis of the testimonial evidence and its procedural guarantees is sought, proposing changes applying the gender perspective. Methodology. The methodology used is based on a study of the subject from various perspectives such as historical-logical, deductive, descriptive, analytical, critical and propositional. Results. The jurisprudential doctrine has been incorporating certain parameters to analyze both the subject of the statement and its object, from the perspective of its subjective credibility, its objective credibility and the persistence of the incrimination. As well as the requirement of a minimum probative activity and the development of probative sufficiency standards, which establish limits or impose parameters to determine its validity. Conclusion. The parameters and evidentiary standards have helped to minimize the errors in a judicial process. However, tools such as the gender perspective are still necessary, which seek to integrate the principle of equality in the interpretation and application of norms and eliminate the difference in social, political and economic opportunities of individuals. The gender perspective must be used to eradicate prejudices when assessing testimonial evidence or statement.