Standard probatório: a valoração da palavra da vítima como prova no julgamento de crimes sexuais sem vestígios

Abstract

This study examines the sufficiency of the victim’s testimony as the sole evidence in the prosecution of sexual crimes that leave no physical traces, from the perspective of criminal procedural law and comparative law. The general objective was to analyze how the special weight given to this element may influence the evidentiary standard required for a criminal conviction, and the extent to which such an approach may lead to wrongful convictions. The specific objectives involve: (i) identifying how the victim’s testimony is evaluated as evidence in sexual crimes lacking physical evidence; (ii) outlining the jurisprudential landscape of the higher courts regarding the sufficiency of the victim’s testimony to support convictions in sexual crimes; (iii) analyzing the legal and social risks and consequences of convictions based exclusively on the victim’s word. The starting hypothesis is that it will be possible to demonstrate that the victim’s testimony, when evaluated according to credibility criteria, can be considered sufficient to support a conviction in sexual crimes without physical evidence, without this implying a lowering of the evidentiary standard. To this end, a methodology of bibliographic and documentary review was adopted, involving a qualitative analysis of court rulings and international empirical data on judicial error. The results indicate that it is possible to consider the victim’s testimony sufficient to support convictions in clandestine sexual crimes without this implying a lowering of the standard of proof