THE USEFULNESS OF THE PSYCHOLOGY OF TESTIMONY IN DETERMINING THE CREDIBILITY OF CLAIMS OF VICTIMS OF SEXUAL CRIMES IN PERU

Abstract

The purpose of this research is to critically analyze the psychology of testimony in order to determine its usefulness in determining the credibility of the accusations of victims of sexual crimes in Peru. Based on the above, it was found that the Inter-American Court of Human Rights (2011) has indicated that the path for the victim of sexual assault to file a complaint is "difficult and very re-victimizing" due to the potential psychological impact it can have on the victim. Often, due to fear, guilt, or dissociative amnesia, the victim may not wish to narrate the events, or may do so late or retract their statement. When these situations occur, justice officials may determine that the testimony lacks the necessary probative value to overturn the presumption of innocence held by the possible perpetrator. In this sense, it is necessary to analyze the usefulness of the psychology of testimony in determining the credibility of the version given by the victim of sexual assault, and whether this is sufficient or requires additional aspects. Finally, as for the methodology used, a documentary methodology was applied, with a legal dogmatic method.