Abstract

TABARES VALENCIA, Cielo et al. Identification of criteria of legal and scientific nature in the probative law of the criminal system having influenced the delivery of judgments and the passing of sentences for those having been prosecuted or tried for sexual crimes during 2009-2010 in two Valle del Cauca municipalities. Rev. Crim. [online]. 2016, vol.58, n.2, pp.123-140. ISSN 1794-3108.

The objective was to identify criteria of legal and scientific nature in the probative law of the criminal system having influenced the delivery of judgments and the passing of sentences for those having been prosecuted or tried for sexual crimes over 2009-2010 in two Valle del Cauca municipalities. The method used involved case studies in 21 court decisions taking place from 2009 through 2010 with the application of socio-demographic, medical-legal/scientific forensic variables used in the respective descriptions. In analyses conducted with SPSS, central trend measures, position and dispersion were calculated for quantitative data, and proportions and rations for those of qualitative nature. The Chi-square test was used, and a p ≤=0.05 value was deemed significant. The results obtained evidenced that females between the ages of 5 through 14 were the most aff ected, aggressors being often family members. Most cases referred to abusive sexual acts, two of them aggravated, in multiple and concomitant combination. In order of frequency, in all judgments there were medicallegal and forensic psychology reports. In a larger proportion, reports concerning biology or forensic-genetics were not available. Research carried out helped conclude that judges should be in charge of ensuring the integrity of minors having been victims of any form of sexual abuse; notwithstanding this responsibility, their probatory material and scientific-forensic evidence on hand are very poor

Keywords : Criminal law; sexual offenses; sexual crimes; judgments; sentences; expert evidence/proof; expert witness; medicine; forensic medicine; medical opinion.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )