The victim's testimony and the controlling discourses of the criminal legal field

between the hypothesis of trust and the thesis of distrust

Abstract

https://doi.org/10.1590/2179-8966/2026/90563

This article discusses legal discourses on how the "victim's testimony," that is, the witness evidence provided by a victim, is addressed in criminal proceedings. Engaging with the existing literature, the article focuses on the question: what do legal scholars' discourses on the "victim's testimony" reveal about disputes within the legal field? I argue that the field's discourse presents a false dichotomy: on one side, the hypothesis of excessive trust in victims' testimonies in criminal proceedings, shaped by professional experience perceptions and dogmatic discussions on procedural rights and guarantees; on the other, a thesis of structural distrust by the criminal justice system toward female victims' testimonies, defended based on empirical research in the field of gender-focused studies. I contend that both theses contribute to the debate, yet each has limitations stemming from its type of production and specific context. I propose that advancing discussions on this topic can benefit from two epistemological repositionings. First, empirical research should be used to map investigative deficits in legal proceedings and contemporary dynamics of production, recording, and decision-making regarding victims' witness testimonies. Second, a reconceptualization of the research object regarding the victim's testimony is needed, moving beyond a discussion exclusively centered on gender-based crimes.