Principio de igualdad de armas en relación con el testimonio anticipado en víctimas de delitos sexuales en el contexto ecuatoriano y peruano

Abstract

Abstract: In crimes against sexual integrity, the main evidence is the testimony, since in general these crimes are committed without the presence of witnesses other than the victim herself, so that, so that the victim is not subjected to revictimization, in some Countries such as Ecuador have the anticipated testimony that is given before the Gesell chamber. For this reason, both the Ecuadorian and Peruvian legislation state that with advance testimony, due process is fulfilled, the principle of equality of arms; Likewise, at the time of fieldwork, it has been determined that the anticipated testimony of the victims of sexual crimes through a Gesell camera, when evaluated by the judges passing the weighting test, evidences the non-existence of an illegitimate restriction of the principle of equality of arms, but with the study of law compared to our brother country of Peru, the Ecuadorian legal system lacks the possibility of an expanded declaration regarding the anticipated testimony.