THE SEXUAL CONSENT: A FIRST MAPPING OF EVIDENTIAL PROBLEMS IN CRIMINAL PROCEEDINGS

Abstract

This paper discusses the importance of sexual consent in criminal proceedings related to sexual offences, highlighting its complexity in legal evaluation. Consent becomes a key element in determining guilt, as its presence or absence is crucial in defining the legality of sexual conduct. Reforms in evidence evaluation systems in Latin America and Europe emphasise the need for rational and well-justified verdicts in these cases.

The text underscores how the understanding of sexual consent has evolved, considering the acceptance of characteristics such as its dynamism, specificity, retractability, and, particularly, the contextual element in determining its existence. It also presents an initial approach to specific challenges in proving consent during trials, such as the limited availability of evidence, the risks of epistemic injustice, and the difficulty of generating empirical generalisations for specific cases in intimate and personal contexts.