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Revista Criminalidad

Print version ISSN 1794-3108

Abstract

RODRIGUEZ-CELY, Leonardo Alberto; OCHOA-CARRASCAL, María Silvana; PERILLA, Paola Andrea  and  AMAYA-NASSAR, Santiago. Study on demonstrative evidence and the use of protocols in cases of child sexual abuse in Colombia. Rev. Crim. [online]. 2018, vol.60, n.1, pp.133-151. ISSN 1794-3108.

The objective of this research is to determine the main scopes and limitations of the forensic psychological evaluation in cases of Child Sexual Abuse (ASI) in Colombia, making use of the demonstrative evidence and the novel trial in oral proceedings. In the methodology, a content analysis was carried out by means of category review tables in 53 ASI files. Results show serious flaws in the approach of the main theoretical constructs, based on the expert opinion at the time of the oral trial, by not making use of the demonstrative evidence and the novel evidence. Likewise, it was found that the protocol of the “Creemos en Ti” (“We Believe in Thou”) Association does neither have the proper publication nor scientific or technical evidence for its use in Colombia. The study has established that most used instrument is the forensic interview, leaving aside other sources of information such as the analysis of judicial documents, collateral interviews, observational methodology, credibility techniques in the testimonies, and the psychometrical and psychodiagnosis testing proper to this area. In conclusion, it has been found that the methodological processes used do not meet the criteria to establish validity and scientific technical reliability, as a support to the sound and healthy regulated criticism of judges and special courts in Colombia.

Keywords : Child sexual abuse; novel evidence; demonstrative evidence; replication..

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