Protocol Proposal for Prerecording Evidence from Especially Vulnerable Victims
نویسندگان
چکیده
secondary victimization or revictimization by the justice system, because of their poor ability to defend their rights without help, and are even at risk of being excluded by the system. Especially vulnerable victims are usually minors, the elderly, disabled or mentally ill. Several studies have attempted to establish the prevalence of some of these especially vulnerable victims, mainly minors (Stoltenborgh, van Ijzendoorn, Euser and Bakermans-Kranenburg, 2011) and the disabled (González, Cendra and Manzanero, 2013). However, lack of data on prevalence of crimes on the elderly and mentally ill and limitations of some of the studies of prevalence in minors impede real estimation of the problem (Ramírez and Fernández, 2011). Although reviews in several countries (Stoltenborgh et al., 2011) suggest an increase in the number of complaints filed, this does not necessarily mean an increase in this criminal phenomenology (Garrido and Masip, 2004). Crimes against these classes are especially problematic when it is hard to prove the facts (there are no witnesses or physical evidence that corroborates them), when the victims have limitations in reporting them and when the crime is systematically covered up because it takes place within the family (private). This happens for example in sexual abuse, where there is a high rate of unreported crime (Lameiras, 2002). Consideration of minors and disabled as subjects with rights and specific needs derived from their psychological characteristics is relatively recent. It began for minors at the end of the 19 century and became consolidated in the second half of the 20 (Arruabarrena and De Paúl, 2008). Although it was not until 2006 that the UN declared the International Convention on Persons with Disabilities. This new social perspective involves legal changes. One of the areas of special protection of minors and disabled goes through the Justice System. In 2005, The United Nations Economic and Social Council approved Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime, providing good practices based on the following child rights: a) to be treated with dignity and compassion, b) to be protected from disPROTOCOL PROPOSAL FOR PRERECORDING EVIDENCE FROM ESPECIALLY VULNERABLE VICTIMS
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