The Role of Electronic Evidence in the Detection, Proof, and Criminal Prosecution of Digital Violence Against Victims

Abstract

The extensive development of information and communication technologies has created new opportunities for social interaction while also facilitating emerging forms of criminal behavior and violence. Digital violence, as one of the most significant manifestations of this transformation, includes a wide range of harmful practices such as online harassment, cyberstalking, internet-based threats, digital extortion, identity impersonation, disclosure of private information, and the non-consensual dissemination of personal content. Characteristics such as the relative anonymity of offenders, rapid dissemination of digital content, the possibility of deleting or altering information, and the cross-border nature of digital infrastructures have created substantial challenges for the detection and criminal prosecution of these acts. In this context, electronic evidence has become a fundamental instrument for establishing connections between criminal conduct, offender identification, and criminal responsibility. This study examines the role of electronic evidence in the detection, proof, and criminal prosecution of digital violence against victims. The research adopts a descriptive-analytical methodology based on legal documents, legislation, and scholarly studies concerning digital evidence and cybercrime. The findings indicate that electronic data, including digital messages, images, audio and video files, traffic data, user account information, metadata, and system records, can play a decisive role in identifying criminal conduct, reconstructing the process of offending, establishing offender attribution, and strengthening criminal proof. However, the effective use of such evidence requires compliance with technical and legal requirements, including lawful acquisition, authentication, preservation of data integrity, documentation of the chain of custody, expert evaluation, and protection of procedural rights. Major challenges include difficulties in attributing digital data to a specific individual, manipulation and fabrication of digital content, identity concealment techniques, encrypted information, technical limitations, and obstacles related to cross-border cooperation. Therefore, developing a comprehensive legal framework, standardizing forensic procedures, strengthening judicial specialization, and enhancing victim protection mechanisms are essential steps for improving the effectiveness of electronic evidence in combating digital violence.