The assessment of the evidence in the crime of rape in minors
The aggressor in the sexual crimes of minors, acts clandestinely, to benefit from the victim’s helforms or methods to know if this event happened, so that the person comes out of charges for having committed this act in the offense of a child under 14 years of age, we all have the belief that children will always tell the truth.
Binnet (1900) "indicates that children are relatively unable to distinguish reality from fantasy";Freud (1940) "Children are prone to fantasy in sexual matters";Saywita (1987) "Postulated that such propensity was actually towards fabulas in general"
Last studies have presented the increase in this criminal act in the country and every day, every hour, our confidence in the security of whether children or different people are safe. Dra. Ana Jara Velásquez (Minister of Women and Vulnerable Populations) "Silence is one of the main weapons used by perpetrators of these non -exchanging facts in the detriment of our children and adolescents, so the knowledge and compression of the problem will allow usbecome his voice and stop the circle of sexual abuse so that they have a full and free life of violence ”. Ana Jara Velásquez (Minister of Women and Vulnerable Populations)
This activity that proves the crime of violation consists in the search for elements that prove the violation made by a prosecutor during the investigation process, these will be used in before the judge to resolve the case
The CPP (Criminal Procedure Code) of 2004 offers various procedures that are helpful regarding the protection of the rights of minor victims, the unique interview in Gesell Chamber as its name refers is an interview with an adequate and personal placespecialized in this type of events to avoid "victimization in the victim" for sexual harassment. There are three specific stages a) Previous stage: it is where the forms of knowledge of said crime are regulated, that there is a medical-legal evaluation as well as the assistance of the (UPV); b) Single interview stage: it is the only stage whereThe interview is defined only once according to the before, the during and after this process;c) The posterior stage: Performing the procedures for the psychological stabilization of the victim, where the Unit of Protection and Assistance to Victims and Witnesses also intervenes also to the derivation of the victim to the assistance and treatment network. On the other hand, the anticipated evidence and the pre -built evidence, these means must be tested and acted before a judge in charge of the case, must follow several steps and sometimes these evidence cannot go to the time of the trial, the 2004 CPP dictates that it dictates thatDuring the investigation, the early test can be done as well as the pre -built test;When the trial is already approaching the prosecutor and the other subjects can request the action of the early evidence
Strambs (1997) The anticipated evidence is not a investigation or instruction diligence, but a true act of evidence whose particularity is that it is practiced at a time before the trial, as an exception to the general rule, but subject to the same guarantees asThey predict the practice of the test in this (…) By means of the anticipated test, a structured work collection and assurance work is carried out if not an authentic probative activity P.335
That is the one that acts outside the room in order, whether the test is lost or if said element cannot be used in the celebration of the trial.
The participation of the minor victim of the crime of rape (although not feasible) with judicial and reconstructed inspection begins with the inspection, it aims to verify the veracity of the footprints and other materials that the aggressor has left in the placeor in the person (victim) as there is also the judicial reconstruction: this aims to see and prove if the crime was committed, this is done from the statements and other evidence acted;Regarding the participation of the victim (minor) is not such a reliable means without being psychologically affected, it is better to avoid so that there is no victimization.
CPP of 2004 "The medical examination of the minor who has been a victim of the crime of sexual violation," according to article 199.2 In cases of sexual aggression, the medical examination will be practiced exclusively by the doctor in charge of the service with the assistance, if necessary and an auxiliary professional, only the presence of other people prior to consent of the person examined will be allowed ” .
Gálvez, Castro, Rabanal (2010) Only if necessary, urgent or indispensable, the assistance of a nurse will be allowed. Etc. The presence of other people is prohibited, unless the victim conserves it, when they are of legal age;if the victim was a minor the consent was carried out by her father or mother;the closest family, the person who is under care, as long as this is not prosecuted.401.
The doctor’s expertise in the crime of rape in the offense of the child, sexual violation is often an easy accusation to make, difficult to prove and more difficult to defend than the accused part, currently in our country the only one thatIt is responsible for carrying out this act is the Public Ministry, it is constituted by a general and preferential exam to know the seriousness of the injuries generated by said criminal act.
"There is a belief that the exam is the best way to prove if there was penetration by the aggressor towards the victim and know if there are internal and external tears as well as the mental stability that can be used in the presentation of the trial" according to (Coria, Castro, 2000 P.259)
It begins with the interrogation;where the event also occurred the exact date and time, tell the entire act if there was penetration or was forced to oral intercourse, if it was threatened with weapons, beaten, tied or if they drugged it with a drink, injection or pills as well as the place eithera hotel or home and if the aggressors were known or had a relationship with the victim, their ex -partner or even an unknown person can be their son. mainly inspection (verify that the victim has the symptoms after being sexually attacked), examining the victim’s attitude (distressed, uninhibited, aggressive or indignant), if he goes to the medical center with the company of his family friends or close people And how many and its attitude prior to the exam if you have lesions, clean or dirty clothes, it is considered mainly three specific areas, mainly genital area; seconded by the rectal anus region and finally the external genitals, secondly the area for genital, found on the internal surface of the abused, to see if there is trace of bruises since the place where it is located is easier to reduce its Victim and make it defenseless, after these guidelines, there is the diagnosis of rupture (hymen) presents the varied phases, the annular, semi -joint and lip hymen That their lips (low) show acute inflammation (alteration in the victim’s body), either bleeding or reddened or swollen, if the break is old, the lips are covered by healing, the elasticity of the hole, there are two main main , the Complacement Hital called Thus, since at the moment in which the crime of rape is committed does not break it and only plays with them by putting the penis without specifying This act, on the other hand the following is called dilatable hymen, this can be stretched either by the fingers (small penises) and returning to its original form since it has many elastic fibers and allow the coital act without breaking the same way the medical examination Legal via anal, it is seen if the folds are preserved or disappeared and if it is shaped like a fun, there is also the break that can easily be seen if the sexual act was not consented since tears are noticed (scoriations or equymosis).
Laboratory samples The main one is to know if there is the presence of semen or prostate liquid in the vagina in the rectum or mouth, blood tests in the victimizer and the victim to see if there is secretary presence (secretions caused by the coital act ) that can identify the aggressor (beef), see their system if it is full of narcotics and narcotics also to establish whether there were sexual transmission diseases that persist in the victim (these try to find them before they go to an advanced stage and be difficult to Treat) and the pre -existing pregnancy (that the victim has developed adult and can conceive) of rape, as well as the presence of hairs, fibers in the place of the event and in the victim’s clothes, concludes with expertise psychological, evaluating the mental state of the assaul such).
The judicial assessment of the evidence in the crime of rape in minors, the judge after having seen all the evidence and actions finally reaches the security that said person if violated a child who must be less Of the 14 years, sometimes you can not find the place where this act was committed so they only have the version of the aggrieved, in some cases the trial can reach a dead point since some victims are easy to manipulate creating problems for problems The judge and prosecutors, there are two assessments of the judicial-problem where there are no more witnesses than only the child according to No. 2-2005/CJ-116 that to preserve the suspects as accused of the testimony can be used this must have the Coherence and solidity, there should be no changes because this statement can be dismissed below the expertise of the crime, it guides the judge’s opinion, they will seek greater category evidence and they will strengthen and put As in priority before all the evidence, the judge must examine and properly appreciate the opinion of the expert or a single evidence escapes this to prove that said criminal act if the doubt was committed without place.
To conclude "children are not sex toys" there are evidence to know how to proceed with this inhuman act and support who needs this information, protect the weak and vulnerable that children are to achieve stability in the safety of people and childrenwithout the fear of going out and ending in a hospital and worse cases a death.
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