Sex crimes pose some of the greatest evidentiary challenges in the criminal system. The seriousness of the accusations, the frequent absence of direct witnesses and the need to protect possible victims force the courts to carry out an extreme analysis of the evidence to avoid irreparable errors.
In this context, the presumption of innocence and the requirement for a high standard of proof acquire particular importance. And this is demonstrated by a recent resolution of the National courtwhich acquitted an accused of sexual abuse of a minor after concluding that the tests carried out did not prove the facts reported.
The acquittal took place later confirmed by the Appeals Chamberwhich recalls the limits of the control of acquittal sentences and the impossibility of replacing the assessment of personal evidence carried out in first instance, as happens in any appeal in criminal appeal.
The result of the trial took place in the direction outlined by the defense lawyer, based on the highlighting of the contradictions in the accusatory story during the trial and the confrontation of an expert report which called into question the solidity of the initial psychiatric report, until then the centerpiece of the prosecution.
The origin of the procedure
The procedure began the year 2022following the hospitalization of a minor after attempted suicide following a drug overdose.
During his hospitalization and subsequent psychiatric treatment, the existence of possible post-traumatic stress disorder with a history of childhood abuse appeared reflected in his clinical history.
The complainant, already an adult on that date, declared that when I was eightallegedly suffered alleged touching from an in-law during family stays in Portugal, notably at Christmas 2014.
Based on this story, the corresponding complaint was filed and criminal proceedings were initiated.
The accusation and the request of the prosecution
The prosecutor’s office described the events as continuing crime of sexual abuse of a minorasking for a penalty of six years in prisonas well as various ancillary measures. Among them were a ban on approaching and communicating, supervised release after conviction, and a ban on activities related to minors.
The accusation was based on testimony of the complainant and in the initial psychiatrist report who treated her after her admission to hospital, without any material evidence, any direct witness or other objective element corroborating the reported facts.
Evidence put into practice at trial
During the oral trial held before the National court Extensive proof activity was carried out. The plaintiff, her parents and various health professionals testified, including psychiatrists and psychologists who had participated in her clinical care.
At the request of the defense, a independent psychological expert reportas well as the testimony of the accused’s son, who provided relevant data on the dates and circumstances in which he found himself in the family environment.
These types of procedures, of particular technical complexity, require defense with a high degree of specialization.
Have a sex crimes lawyer It acquires decisive weight in this type of procedure, when the result depends on the careful analysis of personal and expert testimonies carried out during the trial.
The contradictions detected during the trial
One of the central aspects of the sentence is the court’s assessment of accusatory story. The court accepted the defense argument regarding the existence of temporary inconsistenciesinternal contradictions and lack of sufficient perseverance in the recounting of events.
These contradictions appeared throughout the trial, particularly after the questioning and critical analysis of the story carried out during the examination of the evidence, which led the court to conclude that the testimonies did not reach the level of solidity required to undermine the presumption of innocence.
As explained to this media, the criminal defense lawyer, Álvaro Escuderoin procedures of this type, the technical review of evidence and narrative coherence They acquire decisive importance when the accusation is based almost exclusively on testimony, without any additional objective support.
The weight of the expert report
In addition to the contradictions noted in history, the National Court attached significant importance to the case. psychological expert report practiced during the trial. The court clearly distinguished the clinical value of a report prepared in a health care context and its probative value in the criminal field.
The expert questions the solidity of the initial psychiatric report incorporated into the file and underlines the lack of conclusive indicators this would make it possible to establish a direct relationship between the psychological state of the minor and the events reported.
This approach is particularly relevant in the field of crimes against sexual freedomwhere jurisprudence requires a particularly rigorous analysis when there is no objective element of corroboration.
The acquittal and its confirmation on appeal
Taking into account all of the above, the Criminal Chamber of the National Court concluded that had not been accredited that the reported sexual abuse took place and the test was carried out did not infringe the presumption of innocence of the accused. Consequently, he dictated penalty of acquittal.
The prosecution appealed the decision, alleging errors in the evaluation of the evidence. However, the Appeal Chamber The appeal was completely rejected and the acquittal was confirmed, expressing in the judgment the arguments put forward by the defense in its written opposition to the appeal filed.
This case shows to what extent, even in extremely complex procedures, the technical analysis of evidence and respect for procedural guarantees are decisive in achieving resolutions in accordance with the law. The National Court thus recalls that the presumption of innocence can only be overcome by solid, coherent and sufficiently verified evidence.
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