Revictimización en adultos víctimas de violación en el proceso penal ecuatoriano

The re-victimization process of adult rape victims within the Ecuadorian criminal proceedings have been a recurring problem, despite being established in the Constitution. Re-victimization worldwide is understood as the process in which the victim re- experiences the suffering derived from the criminal act that occurred, especially when the victim is forced to testify on multiple occasions to the authorities or to confront their aggressor directly. In Ecuador it is established both in the Constitution and in the COIP the right to no re-victimization, however, the application of this norm has been deficient. The objective of this study was to analyze the need to reform Article 433 literal 6 of the COIP, to avoid the re-victimization of adult people victims of rape, specifically in the obligation to assume the role of particular prosecutors in the trial hearing, even when the anticipated testimony had been carried out. A quantitative approach was used along with the gathering of information by surveys applied to experts in criminal law. The findings demonstrated that even though it is established the right to the no re-victimization process in the Ecuadorian legislation, the incorrect application of procedures that are not clearly established within the norms, among other factors, allow to perpetuate the suffering of these victims. In conclusion, it is considerably necessary to reform Article 433, literal 6 of the COIP, in addition to implementing protective measures for the victims so to avoid the revictimization process, whether it is primary or secondary.

• 主要作者: Villarreal Hernández, Camila Concepción (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2025
• 主题: REVICTIMIZACIÓN; ACUSACIÓN PARTICULAR; TESTIMONIO ANTICIPADO
• 在线阅读: https://dspace.uniandes.edu.ec/handle/123456789/19065