How does the justice system deal with underaged victims? An exploration of the perceptions of Spanish judicial operators on pre-recorded evidence

• In Event: Toward Victim-Centered Justice in Cases of Sexual and Child Victimization

Abstract

One of the main difficulties faced by both the victim and the criminal justice system itself are the shortcomings of the criminal process itself in addressing and treating the crime victim. The systematic undervaluing of the victim by criminal law, both substantive and procedural, has given rise to a potential risk of aggravating the psychological and emotional consequences suffered by victims as a result of the criminal offence, which is referred to as secondary victimisation. One of the solutions that have been proposed to tackle this problem is the early taking of statements during the investigation phase.

In Spain this mechanism has been controversial, mainly due to the apparent violation of the principle of immediacy and the right of defence. In spite of this, the great efforts promoted by the European Union have led to a series of substantial. The most relevant has been the Organic Law 8/2021, which establishes that the use of video-recorded evidence and the intervention of psychosocial teams is obligatory when the victim is under 14 years of age, limiting the traditional discretion that had been granted to judges. However, a series of legislative gaps continue to be identified.

The national studies carried out on this subject have been limited to its legal aspect, lacking empirical research. Thus, the aim of this research is to examine the judicial and victimological reality of videotaped evidence of underage victims in Spanish criminal proceedings. To this end, semi-structured interviews are carried out to obtain data on the evaluation of this type of evidence by Spanish judicial operators. The results show, then, their main considerations in reference to the regulation it has received since 2021, its benefits and disadvantages and how it fits into the Spanish criminal justice system. A series of legal-victimological proposals are also put forward.

Author

• Beatriz Martínez, Universitat de Girona