Standards of proof for establishing or disproving consent in sexual relations between adults
DOI:
https://doi.org/10.15517/w88hz935Keywords:
Consent; Victim; Criminal Procedure; Evidentiary Assessment; Evidentiary reasoning.Abstract
The purpose of this article is to bring to the fore the issue of consent of persons in the
sexual sphere between persons of legal age. Likewise, to present a modern perspective on the
evidentiary assessment, through including a debate with proposals on the accreditation or not
in certain cases of this element "of consent". This perspective of "consent" that is proposed for
its possible accreditation in criminal proceedings suggests something more than a simple
statement by the victim. There must be verifying factors that prove the fact denounced, in
certain cases, and by enunciating proposals from other latitudes, we could arrive at proposals
that solve the evidentiary gaps
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