Autonomía y libertad sexual de los adolescentes y la proporcionalidad de la pena en el delito violación

The present investigation that is presented under the thesis modality refers to a legal problem that deserves to be transformed to solve and overcome the socio-legal problem that is identified in the Organic Integral Criminal Code when in its Article 171, when typifying the crime of violation , punishes with a penalty of 19 to 22 years of deprivation of liberty to those who have sexual relations with a person under 14 years of age, without giving any relevance to the fact that the adolescent has voluntarily wanted to maintain the sexual relationship, in the framework of a love relationship, whether it is an already established or casual relationship. The sanction in this case is equal to that provided for the violation when the victim is deprived of reason or sense, or when due to illness or disability he cannot resist, or when the violation has been committed through the use of the violence, threat or intimidation. If we notice that Article 4 of the Childhood and Adolescence Code defines the Adolescent as: “the person of both sexes between twelve and eighteen years of age”; if our Constitution in its Article 66.9 enshrines as one of the fundamental rights of all persons, including adolescents, “making free, informed, voluntary and responsible decisions about their sexuality, and their life and sexual orientation…”, a norm that has deserved an erga omnes interpretation by the Constitutional Court; and, if the same Constitution in its Art. 76.6 orders that “the law shall establish the proper proportionality between the infractions and the penal, administrative or other sanctions”; It is evident that the aforementioned Art. 171.3 of the Organic Integral Criminal Code contradicts the Constitution and the Code of Children and Adolescents, which violates the right of adolescents between 13 and 14 years to exercise their sexual life, in those cases in which the sexual relationship is the product of his consent, and also violates the right of the commissioner subject to the punishment that corresponds to it is proportional to the criminally relevant conduct executed

• Príomhchruthaitheoir: Rojas Vélez, Aynee Solange (author)
• Formáid: bachelorThesis
• Teanga: spa
• Foilsithe / Cruthaithe: 2020
• Ábhair: DERECHO; DERECHO PENAL; DELITO DE VIOLACIÓN SEXUAL; LESIVIDAD
• Rochtain ar líne: http://dspace.unl.edu.ec/jspui/handle/123456789/23427