Minors victims of sexual abuse cannot be subjected to new interrogations: Court
The Supreme Court of Justice of the Nation in Mexico ruled that minors victims of sexual abuse should not be forced to give new statements to avoid re-traumatization.
The Supreme Court of Justice of the Nation (SCJN) in Mexico has unanimously ruled that minors who are victims of sexual abuse cannot be compelled to provide additional testimonies in court. This decision aims to safeguard the psychological well-being of child victims, preventing them from reliving the trauma associated with their abuse. The ruling comes as part of a broader discussion on the rights of victims and the balance between a fair trial and the protection of vulnerable individuals.
The case leading to this ruling involved a man convicted of sexually abusing his two young children. After his conviction, he sought a legal remedy (juicio de amparo) claiming that his right to present evidence in his defense had been compromised. A lower court had determined that the children's statements needed to be taken again, prompting the Supreme Court to intervene and protect the rights of the minors. This highlights the ongoing legal and ethical considerations in handling cases of child abuse, where the judicial process must not further harm the victims.
By affirming that minors should not be subjected to re-interrogation, the SCJN sets a legal precedent that prioritizes the mental health of child victims over the procedural rights of defendants. This decision resonates beyond the immediate case, potentially influencing future policies and court procedures regarding the testimonies of minors in sexual abuse cases, emphasizing the need for sensitivity and care in judicial practices involving vulnerable populations.