Peripheral corroboration of the victim’s testimony and its evidentiary assessment in sexual offenses

Abstract

The objective of this article was to examine the challenges that arise when assessing the evidentiary materials used to corroborate the victim’s incriminating statement in sexual offense cases. The methodological approach is qualitative in nature, as the case study method was adopted as the research design. Among the most significant findings, it is noteworthy that, although the binding criterion established in Plenary Agreement No. 2-2005/CJ-116 requires independent evidence to corroborate the incriminating account, compliance with this requirement depends not on the quantity of such evidence but on its quality. The study concludes that a sole statement must be accompanied by both an individual and a holistic assessment of the corroborative evidence, thereby enabling the rebuttal of the defendant’s presumption of innocence.