Judgment No. 32764 of 2024: The Evaluation of Statements by Minor Victims in Sexual Offenses

Judgment No. 32764 of July 11, 2024, represents a significant step forward in Italian jurisprudence concerning sexual offenses, particularly those involving minor victims. The Court of Cassation, in fact, has addressed delicate issues relating to the validity and reliability of statements made by minors, clarifying some fundamental points that deserve further exploration.

The Issue of Declarative Progression

The core of the judgment concerns the declarative progression of minor victims. The Court has established that the sequence of statements provided by a minor victim should not automatically be interpreted as an indicator of unreliability. In other words, the fact that a minor may provide different versions of an event does not necessarily imply that they are lying or that their statements should be considered unreliable.

Declarative progression by a minor victim of sexual offenses - Presumption of unreliability of statements made - Non-existence - Presumption of wear and tear of the declarative source - Non-existence. Regarding the evaluation of testimonial evidence, the declarative progression characterizing the revelations of a minor victim of sexual offenses is not, in itself, indicative of the unreliability of the source, nor does the plurality of their hearings necessarily lead to their wear and tear.

This maxim highlights a more sensitive and respectful approach towards minor victims, emphasizing that difficulties in remembering and recounting traumatic experiences should not be used against them.

Practical Implications of the Judgment

The practical implications of this judgment are significant and can influence how sexual offense cases are handled in court. It is important to consider that:

• The plurality of hearings of a minor should not be seen as a weakness of the evidence.
• The Court has referenced provisions such as Article 90 quater of the New Code of Criminal Procedure, which establishes the procedures for hearing vulnerable victims.
• The overall evaluation of evidence must take into account the context and the specific difficulties a minor may face when testifying.

These aspects are crucial for ensuring fair and sensitive justice, especially in cases involving vulnerable individuals.

Conclusions

In conclusion, Judgment No. 32764 of 2024 by the Court of Cassation represents an important step forward in protecting the rights of minor victims of sexual offenses. It establishes clear principles on the evaluation of statements made by minors, contributing to greater justice and protection for those who have suffered such severe trauma. This approach reflects a fundamental paradigm shift, emphasizing the need to listen to and respect the voices of victims, rather than judging them based on pre-established criteria of unreliability.