La falta de tipificación de la violación inversa dentro del Ecuador y su impacto en los derechos de igualdad, integridad sexual y tutela judicial efectiva.
The objective of this study is to analyze the lack of classification for reverse rape in the Organic Criminal Code (COIP) of Ecuador and its repercussions in the protection of constitutional rights such as equality, sexual integrity, and effective judicial protection through the review of legal doct...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2025
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| Matèries: | |
| Accés en línia: | https://dspace.uniandes.edu.ec/handle/123456789/18928 |
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Afegir etiqueta | Sumari: | The objective of this study is to analyze the lack of classification for reverse rape in the Organic Criminal Code (COIP) of Ecuador and its repercussions in the protection of constitutional rights such as equality, sexual integrity, and effective judicial protection through the review of legal doctrine related to the reverse rape and constitutional rights as well as the use of surveys and interviews with independent lawyers and public servants to obtain data on the legal classification of reverse rape violates rights established in the Constitution of the Republic of Ecuador, particularly the right to effective judicial protection, equality and sexual integrity. In conclusion, this study shows the need to legally classify the reverse rape to close an existing legal gap and guarantee, in this way, the access to justice to all people regardless their gender. The lack of a specific legal classification for this conduct has led to prosecutors who are not able to properly categorize cases of reverse rape, resulting in an impunity that undermines fundamental rights such as equality, sexual integrity, and effective judicial protection. Therefore, it is imperative to reform Article 171 of the Organic Integral Criminal Code (COIP) to include a clear and accurate definition of the reverse code establishing proper sanctions that match the gravity of this crime and ensure that victims can access effective and protective justice. |
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