Sexual crimes: the victim's testimony, the risks of convicting an innocent and the lack of a harsh law for those who falsely accuse

Abstract

The article addresses the complexity of sexual crime cases, focusing on the victim's testimony, the risks of wrongful convictions, and the absence of severe punishments for false accusations. Initially, it defines the concept of sexual crimes, covering their legal and social definitions, and describes the various forms these crimes can take, such as rape, abuse, and sexual harassment. It then analyzes the current legislation governing sexual crimes, highlighting both its strengths and weaknesses, and emphasizes the principles of the presumption of innocence and "in dubio pro reo," which ensure that an accused should only be convicted if there is sufficient evidence. Additionally, the text evaluates the weight of the victim's testimony in sexual crime cases, highlighting the difficulties in obtaining other forms of evidence. It also discusses the conflict of evidence, referring to the "Potiphar's Wife Syndrome," where false accusations may be made, and the challenge faced by courts between relying on forensic examinations and the victim's testimony. Furthermore, it analyzes the risks of convictions based solely on the victim's word, presenting cases of judicial errors where innocent people were unjustly convicted. The personal and social consequences of wrongful convictions are discussed, showing the devastating impact on the lives of the wrongfully convicted. Finally, the article argues for the urgent need for stricter legislation to punish false accusations of sexual crimes, aiming to protect the innocent and ensure justice. The text emphasizes the importance of balancing the protection of victims with safeguarding the rights of the accused, proposing a critical analysis of the legal system and suggesting reforms to prevent injustices.