Preferencias académicas de los estudiantes de la carrera de Derecho y su vinculación con los Objetivos de Desarrollo Sostenible (ODS) a través del estudio de sentencia

Abstract

Abstract:The Constitutional Court (CC) reviewed the constitutionality of Article 171, paragraph 1, of the Organic Comprehensive Criminal Code (COIP) concerning the phrase "due to disability, [the victim] could not resist." The CC emphasized that the rights of persons with disabilities, particularly their sexual freedom and integrity, require that consent be determined based on three essential elements: comprehension, decision-making, and communication. The Court held that the term "resist" in the criminal context is not limited to physical manifestations but extends to any form of opposition expressed in accordance with the specific circumstances of each victim. It declared the conditional constitutionality of the phrase, provided it is interpreted under the following criteria: The inability to resist is not confined to physical incapacity but includes any form of opposition. Situations where a disability prevents opposition must be recognized, without presuming consent. The victim's capacity to resist must be individually assessed, considering the type and degree of disability and the surrounding circumstances. This decision ensures an inclusive legal interpretation that protects the rights and dignity of persons with disabilities, particularly in cases of sexual violence.