The Presumption of Innocence in Sexual Offence Cases in Spain

One of the most pressing topics in current criminal law is the assessment of evidence in offences committed in private, where the only prosecution testimony is the complainant's statement against the accused's denial.

The Supreme Court's Triple Filter

For the victim's statement to suffice to destroy the presumption of innocence, the Supreme Court requires it to pass three filters:

• Absence of subjective lack of credibility: no improper motives (revenge, spite, economic interests or divorce proceedings).
• Plausibility: the account must be logical and supported by peripheral corroborating elements (medical reports, prior or subsequent witnesses, WhatsApp messages).
• Persistence in the incrimination: the version must remain constant over time without essential contradictions.

The defence's task is to attack these three pillars to make reasonable doubt prevail (in dubio pro reo).