La credibilitat de la declaració de la víctima com a única prova de càrrec

Cortés Sau, Meritxell
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In recent years, the law ‘’Solo si es si’’ has been a profound debate, not only in the criminal system, but has transcended the streets and society. As the law changed, the victim’s declaration within the Spanish criminal process has also become more prominent, to the point of becoming an essential element in overthrowing the presumption of innocence. He is still given more importance in those crimes against sexual freedom, where most of them only bear witness to the victim as the only proof of charge. This work aims to know how the process of credibility is carried out in the face of a case of sexual assault with the only testimonial evidence of the victim itself and at the same time what complications are encountered by the legal agents involved in the criminal procedure. The Spanish context has undergone social and legal changes based on the law ‘’Solo si es si’’, putting consent as a central element. The methodology used has been qualitative. From three interviews with different professionals in the judicial field, the investigation has been carried out. The results of this research expose the criteria and factors that the court considers when assessing the victim's statement, analyzes what role the victim and their own voice are given, and the main factors are collected to assess the discrepancies that arise during the process ​
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