Sexual violence against adolescents and children

Implementation of a standardized investigation methodology to guarantee due process in criminal investigations in the context of pandemic and post pandemic

Abstract

This article presents preliminary findings of an ambitious project that will have a further stage where it will come to the expected goal. In this context, the research covers one of the most sensitive issues related to children and society in general, namely the crime of child abuse. It is typified by current normative as a punishable act that is perpetrated by anyone who performs sexual acts with children or adolescents or induces them to perform sexual acts with themselves or others. The serious consequences of the abuse, both physical and psychological, deserve special attention, since many times damages are irretrievable. The protection of children is guaranteed by the National Constitution, the Convention on Children’s Rights, in national law, in order to ensure compliance and protect the children’s welfare and best interests. Nevertheless, sex abuse cases are increasing in the last years and the criminal investigations show disparity of criteria and a remarkable difference in years of prison sentence, what shows the need for unified criteria and multidisciplinary approach. With that on mind, the following general objective is made: “To guarantee due process, through a standardized criminal investigation methodology in cases of sexual abuse against children and adolescents in the context of the pandemic and post pandemic”. The methodology applied in this research was mixed. It offers proposals and practical conclusions that can be used as guidelines to enhance the project and the unification of criminal investigation’s criteria.