Tribunal de Apelación de Sentencia Penal. Segundo Circuito Judicial de San José

The prosecutor is appealing a ruling of not guilty in a sexual abuse case. The not guilty ruling had been based largely on inconsistencies between the initial testimony of the victim and her testimony at trial. This court found that, because the victim was not provided appropriate and comfortable conditions to give oral testimony (she was made to testify in front of a public audience and with the defendant in view), her testimony entailed a re-victimization, which influenced her ability to provide complete and accurate facts.