La prueba en los supuestos de violencia de género

Abstract

Eight years since the Spanish statute on gender violence (Ley 1/2004) has been passed, it is time to assess its implementation. This paper deals with the proof of acts that are typified under that heading. In particular, it focuses on three issues. Firstly, it questions the admissibility of accepting the victim testimony as sufficient evidence to outweigh the presumption of innocence in favour of the accused. Secondly, it analyzes whether the Spanish Supreme Court doctrine on evidence in cases of gender violence allows inferring such admissibility, and whether this is applicable to every case or only to a certain type. Thirdly, it tries to identify the consequences that can be attached to that admission.