Acceso al sistema de justicia penal de las víctimas vulnerables menores de violencia sexual. La prohibición de la mediación penal

Abstract

This paper addresses some issues related to the contact of vulnerable minor victims of sexual violence with the criminal system justice, due to the fact that they are victims, regardless of whether they want to become a private prosecution or not. Basically, approach of this work is structured in four blocks with aspects that have an impact or may have an impact on the lato sensu access to justice for minors who are vulnerable victims of sexual crimes. In the first place, the official statistics on crimes against sexual freedom that explain the profile of the victim of sexual crimes and the profile of the aggressor will be analyzed; the distinction between sexual violence and sexual crimes will be analyzed. Secondly, the concept of vulnerable and vulnerability in relation to the victim of sexual crimes will be briefly addressed. Thirdly, the procedural protection measures in access to justice for this group of vulnerable victims will be analyzed in order to minimize their secondary victimization, focusing on the presentation of the complaint and the victim’s statement. Finally, we will reflect on the relevance of restorative justice and the prohibition of criminal mediation with a vulnerable minor victim of a sexual crime. Our legal system has been reinforcing the protection of victims long ago, culminating in the approval of Crime Victim Statute Law in 2015. It contains procedural protection measures for minor victims, specially, when they have been victims of crimes against sexual. Those has been reinforced with Organic Law for the comprehensive protection of children and adolescence and with Organic Law for the comprehensive guarantee of sexual freedom. Criminal Procedure Law has been modified incorporating procedural protection measures in criminal investigation and in oral trial.