Paralelo normativo de la apreciación de la prueba en delitos sexuales contra menores de edad en Colombia

Abstract

This article aims to demonstrate the implications of the prevalence of the minor victim in the evidentiary stage of criminal proceedings for sexual offenses; with this, we seek to develop a distinction of legal variation for the protection of the constitutional rights of the victim and the perpetrator. To this end, an analysis is made of both the jurisprudence and the doctrine and the historical evolution of the legal norms in evidentiary subjects, which, at present, is called as free evaluation of the evidence; In the same way, it is possible to observe in the development of this analysis the two functions of the load of the same in sexual crimes; that is, its formal function which is the distribution of evidentiary burdens between the parties in order to determine the predominance that was held over one of them and their material function where the rule of the trial for the decision of the judge in case of doubt. At this point, in dubio pro reo is studied as a rule of general judgment in criminal proceedings in contrast to a rule developed by constitutional jurisprudence: the principle pro infans.