Anyone accused of committing a crime has the right to the presumption of innocence. In other words, they must be declared innocent unless the prosecution, which bears the burden of proof, provides evidence proving the defendant’s guilt.

In crimes of gender and domestic violence , as well as in the case of crimes of sexual assault , since these are unlawful acts that are usually committed in private, with no direct witnesses other than the persons involved, the victim’s testimony is especially important.

Is a conviction possible with the victim’s testimony as the only evidence?

In cases of gender-based or domestic violence, as well as sexual assault, we often encounter two conflicting versions of the same events: the complainant’s version and the accused’s, with no direct witnesses other than the defendants themselves. Therefore, it is essential to analyze whether the victim’s statement alone is sufficient to obtain a conviction.

The courts have answered the question in the affirmative. That is, the victim’s statement alone, without further evidence against the accused, may be sufficient to obtain a conviction.

However, to determine whether or not this is sufficient in each specific case, the Judge will analyze three key elements.

What requirements do the courts require to be able to convict based solely on the victim’s statement as evidence against the accused?

First, there must be what we call the absence of subjective disbelief arising from the relationship between the accused and the victim. The courts analyze whether there may be any spurious motive of resentment, enmity, revenge, or any other interest in filing the complaint or pursuing criminal proceedings that undermines the credibility of the victim’s version of events. For example, the existence of a prior bad relationship between the parties or the existence of financial motives in filing the complaint may be taken into account by the judge when assessing the victim’s credibility.

Secondly, the credibility of the victim’s account is analyzed. It examines, on the one hand, whether her statement is logical, that is, not contrary to basic standards of experience, or credible in its own right.

On the other hand, an assessment is made of whether there are peripheral, objective elements that corroborate the victim’s story. These elements may include, for example, medical reports attesting to injuries the victim claims to have suffered at the hands of the accused, witness statements from people to whom the victim has been able to explain the events (reference witnesses), etc.

Finally, the courts analyze the persistence of the incrimination. The victim’s account must be clear and detailed, without ambiguities or generalizations. Furthermore, the various statements made by the victim throughout the proceedings must be consistent, with no significant contradictions in their account.

Must the three requirements mentioned above necessarily be met in order to sustain a conviction?

The Supreme Court has clarified the importance of the aforementioned requirements. It has emphasized that these are not prerequisites that must necessarily be met, as this would lead to a limited assessment of the evidence, which would contradict the principle of free evaluation of evidence. Rather, they are merely guiding criteria.

Thus, if any of the three parameters described above is deficient, this can be compensated by strengthening the remaining elements.

What is beyond doubt is that in cases where the three previous parameters are not met, the victim’s statement alone cannot overturn the presumption of innocence of the accused, and therefore an acquittal should be issued.

Experts in gender-based violence and sexual freedom crimes

We are a criminal law firm specializing in crimes of gender-based violence and sexual assault . Our extensive experience in proceedings for crimes of gender-based violence, as well as in criminal cases for sexual assault, has allowed us to obtain numerous favorable rulings for our clients.

If you are being investigated or charged with any of these crimes or have been the victim of a crime of gender/domestic violence or sexual assault, it is advisable to contact a criminal lawyer specializing in sexual assault and gender violence as soon as possible.

Please do not hesitate to contact us at 618 30 68 91, which is available 24 hours a day for urgent cases requiring immediate action.