La retractación de la víctima en los delitos sexuales y su incidencia en el juicio penal

Abstract

The present investigation developed in the field of criminal law, has had as its central object of study the figure of the retraction of the victim in sexual crimes. This figure, which is a fairly recurring possibility in trial processes, has not been regulated to any extent by criminal law, nor is there jurisprudence that can guide the reflection of the judge in a specific case, especially in cases in which the retraction seeks to expose the falsity of the complaint that was initially presented by the same victim. Notwithstanding that, the criminal proceedings in which the prosecution handles the thesis of the retraction of the victim, in many cases end with convictions that do not really allow the responsibility of the defendant to be identified with certainty. The most important objective of this work has been to identify the appropriate parameters with which the testimony of the victim of sexual crimes should be assessed, in the face of a possible retraction. It is important to note that in criminal matters, any doubt favors the accused, and that guilt can only be declared when there is absolute certainty, a situation that must be obeyed by judges in all types of cases, including trials for sexual crimes. .