Forensic expertise in rape cases in Honduras before the independence

Abstract

Justification: the bibliography on sexual crimes in the period of Hispanic domination in America (1492-1821) is scare, there are important historiographic gaps that make it difficult to reconstruct a general panorama of the criminal process conducted at that time, therefore, investigating the expert forensic opinion conducted in rape cases is a first step in tracking the evolution of the treatment of these cases in judicial institutions. Objective: to describe how forensic expertise was carried out in rape cases that occurred in Honduras before its political independence from Spain. Methodology: a qualitative approach was adopted with an exploratory design, using primary sources that were selected by non-probabilistic sampling. Results: it was possible to identify two cases in which an appeal was made by experts to confirm a rape. In both, the experts had the profession of midwife, providing statements that reflect a lack of professional preparation and knowledge based on experience. The statements were transcribed, keeping the spelling of the time and commented on, to place them in context. Conclusion: in Honduras before the independence, a forensic expert opinion was carried out in rape cases based on the work experience of the experts and not on scientific information or academic preparation, this led to the experts' judgments being affected by their cultural biases.