Validez del testimonio del menor víctima en delitos sexuales

Abstract

In the sub examine work, an analysis is proposed about the origin or validity of the testimony of the best victim of sexual crime, within the framework of the criminal process according to the oral penal system with accusatory tendency. We will analyze the foundations and legal supports of the rights of minors victims of this type of punishable behavior that so affect society today. Here it must be kept in mind that the active subject of the crime has rights that must be respected, according to the current criminal justice system, which must go in light of the legal complexities, on the other hand are the rights of minors that, according to the legal order, they have priority by express constitutional mandate and, as a victim of the crime, they also have rights, an intervention regulated by the criminal procedural norm. In some events, it is the minor as a direct victim the only evidentiary support that sustains frontally the commission of the unfair, therefore the validity of his decree as evidence has some complexities and rules that must be followed, to appreciate what throw your version, can not be processed in the same way as the testimonies of adults are presented, because by reason of their psychological immaturity can not perceive or express clearly and precisely what they experienced, they can feel fear, shame, even be uncomfortable to be exposed and have to verbalize again such a difficult event. This has led to this type of testimony being regulated in a special way, because they are minors and of age and because they are crimes with such a strong social impact.