REFORMA AL ARTÍCULO 167 DEL CÓDIGO ORGÁNICO INTEGRAL PENAL, ESTABLECIENDO LA ELIMINACIÓN DEL TÉRMINO “RECURRIR AL ENGAÑO” DEL DELITO DE ESTUPRO

The present research work, titled "REFORM TO ARTICLE 167 OF THE COMPREHENSIVE ORGANIC CRIMINAL CODE, ESTABLISHING THE ELIMINATION OF THE TERM 'RESORTING TO DECEPTION' FROM THE CRIME OF STATUTORY RAPE," is carried out because article 167 of the COIP establishes that a person over eighteen years of age who, through deception, has sexual relations with another person over fourteen and under eighteen years of age will be punished with imprisonment from one to three years, establishing "deception" as the only method by which an adult can initiate intimacy with an adolescent between fourteen and eighteen years old. Both children and adolescents are protected by Ecuadorian legislation, which mentions that their rights to personal integrity must be safeguarded, taking into consideration the study of psychology, which mentions that although adolescents are already physically developed to have sexual relations, their sexual and psychological immaturity puts them at a certain disadvantage with adults who wish to have a sexual approach towards them, taking into account that an adult already has more expertise and knowledge about sexuality, and about how to manipulate a minor who may be in a state of vulnerability. Thus, we will analyze, through comparative law, the definitions of this crime in the legislation of other countries such as Spain, Peru, and Argentina, within which, although this crime is punished, its definition and proportionality are different. On the other hand, it seeks to raise awareness in society about the seriousness and consequences that may arise from an intimate relationship between an adult and an adolescent over fourteen and under eighteen.

• Главный автор: Caisa Orellana, Jersson Daniel (author)
• Формат: bachelorThesis
• Язык: spa
• Опубликовано: 2024
• Предметы: DERECHO; COIP; DELITO; ESTUPRO
• Online-ссылка: https://dspace.unl.edu.ec/jspui/handle/123456789/31119