CUANDO LA VÍCTIMA SE RETRACTA: ¿JUSTICIA O REVICTIMIZACIÓN?

Abstract

The objective of this article is to analyze the retraction of victims of sexual violence, particularly women and minors, in order to understand its legal implications and the need to prevent revictimization. The method used consisted of a qualitative and descriptive study based on documentary analysis of national and international regulations, official statistics, and relevant theoretical contributions. The results show that retraction is not evidence of falsehood but rather a frequent response to vulnerability shaped by emotional, economic, familial, and sociocultural factors, as well as gender stereotypes and the dynamics of intrafamilial abuse. Moreover, the study reveals that in crimes of public prosecution the victim’s retraction does not eliminate the State’s duty to investigate and that its probative assessment requires an interdisciplinary approach that considers the victim’s life history and psychosocial circumstances. The conclusions emphasize that interpreting retraction as an indication of fabrication reinforces impunity and deepens harm, whereas understanding it as part of the victimization process enables the adoption of measures ensuring dignified treatment, comprehensive protection, and specialized support. Finally, the article stresses the importance of implementing specific protocols, mandatory training with a gender and child-rights perspective, and policies aimed at reducing revictimization, in order to secure a more effective judicial response respectful of human rights. These considerations underscore the urgency of strengthening institutional coordination, ensuring timely interventions, expanding access to protective resources, and promoting holistic practices that enhance justice systems, making them more humane, efficient, inclusive, capable of addressing the complex realities faced by victims and supportive.