La eficacia probatoria del testimonio anticipado en delitos de violación sexual

Abstract

The anticipated testimony received in the previous investigation; in relation to the veracity of the testimony of the victim (child, girl or adolescent) of the crime of rape; When there are no material vestiges of the occurrence of the crime, it implies the impossibility of finding indications of the commission's commitment. In the first moments after the crime, the justice operators who receive the testimony from the complaint to the hearing, implies the revictimization of the children or adolescents. In this context, the testimony of the victim of this crime has been treated superficially by legislation, jurisprudence and Ecuadorian doctrine. Leaving this tool in contrast to the rights recognized both for the victim and for who is going to be investigated by the Attorney General's Office. Mainly the right to non-revictimization of victims and the right of the suspect or investigated to be part of the cross-examination when the advance testimony is received. Sexual crimes against children and adolescents are generally committed in hiding and far from the eyes of other people. In this sense, the victims of the crime will be responsible for helping to reconstruct the truth of the crime of which they were victims, serving this testimony as a determining test for the conviction of the judge. Hence, the reception of the testimony and its probative value is analyzed by the effects and the repercussions that it has at the moment of being valued by the judges who will take cognizance of the case. Thus, this problem is addressed from the different conflicting edges by the collision of constitutional rights of both the victim and the researched. It is important to give an account of how the Ecuadorian criminal procedure system and jurisprudence have addressed these issues from the jurisprudential development, as well as the legal provisions that are the basis for application by the administrators of justice.