La carga probatoria y el testimonio de la víctima en delitos de violación

Abstract

A significant issue in the Ecuadorian criminal justice system highlights the tension between guaranteeing due process and the presumption of innocence of the accused, and protecting the rights of the victim in cases of sexual offenses, especially regarding the probative value of the victim’s testimony. This paper argues that such testimony, if it meets certain standards of truthfulness, coherence, and consistency, can be sufficient to support a conviction without violating due process or the presumption of innocence, provided it is evaluated using technical and rational criteria. As a normative proposal, it is recommended to include an Article 502-A in the Organic Integral Criminal Code, which explicitly establishes that in sexual offenses, the victim’s testimony constitutes a valid and sufficient evidentiary means to substantiate a conviction if assessed according to the principles of sound judgment, logic, psychology, and experience. Furthermore, it is proposed that peripheral corroborating elements be sought, when possible, without their absence invalidating the testimonial evidence. The evaluation must be carried out without affecting the presumption of innocence or the accused’s right to due process, while ensuring access to justice for the victim through a gender-sensitive approach free of discriminatory stereotypes. This proposal seeks a balance between both fundamental principles, recognizing the importance of testimony in sexual offenses where other evidence is often scarce.