“DECLARACIÓN DE LA VÍCTIMA COMO ÚNICA PRUEBA DE CARGO EN DELITOS SEXUALES”

Abstract

This paper is based on whether the principles of equality, effective judicial protection, legal certainty and presumption of innocence are being fulfilled when a conviction is based exclusively on the testimony of the victim / witness and the defendant flatly denies having committed the crime of which he is accused. This happens when it is said that the punishable act did happen and therefore it is taken for granted with the only word of the one who presents herself as a victim, in relation to a criminal act committed long ago and of which there is no trace left that occurred. Likewise, through this investigation we will demonstrate how the scarce psychological analyzes used in the cases of rape in Ecuador do not replace the lack of foundation of a sentence that is based on the sole affirmation of the word of the victim / witness.