The probative value of the victim's testimony in cases of sexual violence

Abstract

This study examines the probative value of the victim's testimony in sexual crimes in light of the principle of free judicial discretion (persuasion), the precedents of the Superior Court of Justice (STJ), and Law No. 13,431/2017. Through bibliographic research and jurisprudential analysis, it is demonstrated that the STJ grants special relevance to the victim’s account, provided it is supported by minimum corroboration from other elements (internal consistency, absence of spurious motives, revelation testimonies, and, when available, expert reports). Convictions based exclusively on fragile or merely indirect evidence are prohibited. STJ Precedent (Súmula) 7 limits the re-examination of facts and evidence in special appeals, preserving the assessment made by lower courts as long as it is duly reasoned. Law No. 13,431/2017 qualifies the collection of testimony from children and adolescents (special testimony), reducing revictimization and reinforcing epistemic reliability without suppressing the right to an adversarial process and full defense. Admissibility limits (illicit evidence and borrowed evidence with an adversarial process) are reaffirmed. The study concludes that the required decision-making standard is that of a "probative mosaic": the victim's word can be decisive when it converges with other elements under rational reasoning and respect for the presumption of innocence; in the absence of minimum corroboration, acquittal is mandatory (in dubio pro reo).