Rational criteria for the evaluation of psychological expertise in sexual offenses. An analysis of judicial decisions

Mio-López J.J. · Justicia (Barranquilla) (2024) · DOI: 10.17081/just.29.46.7551

Resumen

This study addresses the issue of the assessment of psychological expertise in cases of sexual offenses, emphasizing its relevance in judicial decision-making, given the lack of physical evidence corroborating the abuse. The primary objective is to identify the key criteria for such assessments and propose measures to optimize them. Employing a qualitative methodological design with a phenomenological approach, this research analyzed court rulings to evaluate how judges apply the assessment criteria for these expert evaluations. The findings indicate that, although psychological expertise significantly influences decisions, courts often disregard the fundamental criteria for the accreditation of the expert, the methodology employed, and the causal relationship between the crime and the psychological harm. The study presents a framework regarding the importance of appropriately applying valuation criteria that uphold the integrity of the judicial process. The conclusions highlight that, to ensure fair judgments, it is essential for judges to evaluate the foundations of psychological expertise and its applicability, suggesting the implementation of stringent standards to minimize judicial errors in cases of sexual abuse.

Instituciones: Universidad César Vallejo