Adecuación del grooming en la legislación penal ecuatoriana para garantizar la integridad sexual de los menores de edad

This curricular integration work is entitled "Adaptation of Grooming in Ecuadorian Criminal Legislation to Guarantee the Minors’ Sexual Integrity ", it is the result of a long research and analysis study on grooming. This terminology is used to describe the online practices from certain ad...

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Autor principal: Loaiza Cabrera, Jhonatan Geovanny (author)
Formato: bachelorThesis
Lenguaje:spa
Publicado: 2022
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Acceso en línea:https://dspace.unl.edu.ec/jspui/handle/123456789/25633
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Sumario:This curricular integration work is entitled "Adaptation of Grooming in Ecuadorian Criminal Legislation to Guarantee the Minors’ Sexual Integrity ", it is the result of a long research and analysis study on grooming. This terminology is used to describe the online practices from certain adults who intend to gain the trust of minors by pretending to have empathy and affection, thus obtaining photographs, videos and personal information of the minors to continue with blackmailing in order to push them to an intended encounter for their sexual satisfaction. Although, it is true that society evolves and with it the Ecuadorian internal regulations must be adjusted to the reality that is currently lived. For this reason, the terminology of grooming in our Comprehensive Criminal Organic Code must be adapted, being it of transcendental importance to mention that in article 173, it establishes "contact with sexual purposes with minors under eighteen years of age by electronic means", but it does not refer to the terminology that should be implemented for better understanding. For this reason, we must take into account article 66, literal b, of the Constitution of the Republic of Ecuador, which remarks that the State will adopt the necessary measures to prevent, eliminate and punish all forms of violence, especially that is exercised against women, girls, boys and adolescents. Taking into account the doctrine above compared, it is understood that this is aimed at the protection of sexual indemnity, assumed as the normal development and formulation of the sexual life of those people who, according to the legislation, do not have an age to validly determine their behavior in the sexual sphere. Based on the aforementioned, it is considered necessary to develop a deep investigation where a legal reform to Art. 173 of the Comprehensive Criminal Organic Code be proposed, in which the terminology of Grooming be established, for a better understanding and avoiding a flaw at the time of implementing a penalty.