Child Sexual Abuse and Presumption of Innocence
Child Sexual Abuse and Presumption of Innocence

Author(s): Silviu-Ștefan Petriman
Subject(s): International Law, Human Rights and Humanitarian Law, Criminology, Studies in violence and power
Published by: Scientia Moralitas Research Institute
Keywords: minor; presumption of innocence;
Summary/Abstract: Child abuse, especially sexual abuse, is regulated by both national and European rules, just as the presumption of innocence is regulated. Minors, being the weak part, need support from the authorities, as the European Court of Human Rights has recommended in cases involving minors, cases that we will refer to throughout this article. On the other hand, the presumption of innocence must not be disregarded, precisely because the latter is a guarantee against arbitrariness. The difficulty of reconciling these notions is also given by the fact that in certain situations of abuse there is no direct evidence to scientifically establish such a fact. Până la rămânerea definitivă a hotărârii judecătorești, prin care este stabilită vinovăția sau nevinovăția inculpatului, legea prevede și posibilitatea luării unor măsuri preventive, care pot fi restrictive sau privative de libertate. Another aspect is represented by the psychology of the minor in his reports, taking into account his age, the education received, especially sex education, given the access to technology existing today among minors, as well as the accuracy of statements and last but not least, the degree contamination of statements by suggestibility. During the criminal process, until the final decision of the court is a difficult road, in which the judiciary, lawyers and psychologists have a difficult mission in finding out the truth, to bring to justice the guilty and if there is no guilt to order the acquittal of the innocent.

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