CRIMINAL PROCEDURE AND THE GENDER PERSPECTIVE

This paper analyzes what the gender perspective brings to the criminal process. In the sphere of the criminal justice system, the gender perspective has to play a defining role in both the investigation and in the prosecution stages. Within this last phase, special attention will be paid to how the gender perspective influences the evaluation of the evidence and specifically in the victim's testimony when this constitutes the only evidence against him, as well as in the need for its corroboration through peripheral elements. This corroboration is essential to safeguard the right to the presumption of innocence; but only by applying the gender perspective will the victim's right to evidence be respected.