La Sentencia No. 13-18 CN/21 de la Corte Constitucional y el derecho de los adolescentes a consentir libremente sus relaciones sexuales.

The Constitution of the Republic of Ecuador recognizes children and adolescents as subjects of rights and guarantees their full development in a healthy environment and according to their needs, it is necessary to mention that the rights of human beings are constantly changing, which is why the right must be subject to these so that there are no violations. Adolescence is the time when biological, hormonal, emotional and social changes arise, due to these changes adolescents choose to experience their sexuality, couple relationships arise, which provokes sexual desires; however, within our society these have been stigmatized and to a certain extent sanctioned, due to the fact that the parents of adolescents who have had sexual relations propose a complaint for the criminal type of rape sanctioned by the Comprehensive Criminal Organic Code. Now, given the aforementioned and due to the number of adolescents denounced and in order to protect their rights, the Constitutional Court carries out an analysis of article 175, number 5 of the COIP, declaring an unconstitutional addition to the stipulated criminal norm which refers to the irrelevance of the consent of adolescents to maintain a sexual relationship, describing that in crimes of rape in which adolescents are involved, the consent provided by one of them may be considered as relevant as long as the pertinent expertise is carried out that determines that the adolescent is in the capacity to consent to a sexual relationship and it is not vitiated.

• Main Author: Quilligana Sanaguano, Sara Beatriz (author)
• Format: bachelorThesis
• Language: spa
• Published: 2023
• Subjects: Adolescentes; Libertad sexual; Violación; Consentimiento
• Online Access: http://dspace.unach.edu.ec/handle/51000/10362