La retractación de menores: niños, niñas y adolescente en procesos por delitos sexuales

Abstract

The article studies the issue of minors involved as victims in sexual crimes in Colombia. The problem from which we start is the validity of the recantation of children and adolescents, NNA, in criminal proceedings, of which the majority have been resolved by the acquittal of the accused adults. Even in the face of possible guilt, it is of utmost importance that based on previous testimonies that are later denied by the minor victims, the course of the decision can affect the fundamental rights of said minors. Childhood and adolescence, due to their young age and low level of sentimental, moral, and cognitive development, represent a manipulable social group, as well as susceptible to being sexual victims. When a legal process arises due to a complaint from third parties or from the victims themselves, one of the most used evidence is the testimony of victimized minors. But even after a conviction, minor victims choose to retract their accusations. The methodology of the article is based on secondary sources, coming from jurisprudence and academic studies and doctrine. The results arise from examples of cases of retraction of testimony by minor victims and show some positive aspects, such as the staunch defense of the rights of the minor or the minor alleged victims, the mandatory forensic investigation of the children's behavior, girls or adolescents, and even other witnesses. Also, negative aspects of minors' testimonial retraction appear when they are the result of pressure, suggestion or family interests and even the deficiency of the results of the participation of forensic experts with little knowledge of the subject.