The proof of sexual abuse of minors: a critical perspective | 2017

Author(s) Mariana Vanessa Pereira da Silva
Advisor(s) Maria Clara Calheiros and Margarida Santos
Year 2017

Synopsis The object of study of this dissertation is the evidence of crime in sexual abuse of minors, more specifically, the evidence of witnesses (the testimonial evidence) and expert evidence. It is known that the crime of sexual abuse of minors is not a rare phenomenon in today’s society, and since it happens in an intimate context, in which very specific dynamics are created, it turns out to be a hidden crime without great visibility, bringing some difficulties to criminal investigation, particularly the production of evidence, making it difficult to take a court decision. Regarding the testimony of the child, this evidence is quite controversial due to the usually hidden and secret dynamics of this type of crime and only the victim and the attacker have knowledge of the facts, being rare the offender’s confession and, in most cases, there are no physical or biological residues, or even evidence of the occurrence of abuse that can be detected in forensic examination, leaving the child’s testimony as the only evidence on which to assess the truth of the facts. On the other hand, the forensic expertise has a high probative value, because it is through special technical, scientific or artistic knowledge of the expert that new facts are detected, that otherwise wouldn’t be brought into the process, and which may be essential for the resolution of the case subjected to trial. Therefore, it was carried out a review of the literature published nationally and internationally, regarding these types of evidence, as well as the analysis of our jurisprudence and dominant doctrine.

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2018-07-17T11:15:58+00:00