Issues

Quaestio Facti 1, 2019

Conjeturas y Refutaciones

SINGLE VICTIM’S TESTIMONY AND GENDER PERSPECTIVE IN THE CRIMINAL PROCEDURE

Author: José Luis Ramírez Ortiz. Magistrado, Audiencia Provincial de Barcelona

ABSTRACT: The author of this paper analyses if gender perspective is useful in criminal proceedings to asses the single victim’s testimony in order to reach a conviction. The conclusion is negative. Gender perspective provides tools to evaluate evidence without prejudices, but in spite of the epistemic values of those tools, the uncorroborated evidence of a single witness is not sufficient, in any case, for proof of guilt in a criminal proceeding as it cannot distort the presumption of innocence.  However, the author highlights that in the pretrial investigation, gender perspective acquires a remarkable heuristic utility, both to adequately construct the inculpatory hypotheses and to collect evidence that will be use to corroborate the witness testimony in the future trial.

KEYWORDS: Single victim’s testimony; corroboration; presumption of innocence; gender perspective; stereotypes; free proof and legal proof.

Read article >
Style switcher RESET
Color settings
Color 1
Background image