Análisis legal del derecho a la reparación integral de las víctimas de violaciones sexuales y su aplicación en el Ecuador

Abstract

Throughout history, the victim of crime has been concealed by a system of justice focused primarily on crime, relegating the victim to be a witness more of the criminal act, There remains a subject, who silently suffers a cause of the crime, whose pain is not satisfied with a sentence depriving the offender of freedom, so it is necessary to go beyond and watch for its recovery through integral reparation.

This thesis includes a legal and victimological study on the victim of rape, in order to understand the delicate position that the victim has against the crime; The Constitution in force since 2008, recognizes as a right to the victim of criminal offenses the integral reparation, the same makes the new Organic Comprehensive Criminal Code, in force since 2014; However, so this research is focused on analyzing what the right to integral reparation understands and how this right is enforced by the victim.

The crime of rape is possibly one of the most serious, as it directly attacks a fundamental right such as personal integrity, which is why the person who is the victim of this crime, during the criminal process to punish the offender, must be Assisted; And it is the State that must ensure that this is fulfilled.