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.