Consentimiento y sexualidad adolescente: Un análisis constitucional desde la Sentencia No. 13-18-CN21

Abstract

Abstract: This research paper determines the legal relevance of sexual consent in adolescents between the ages of 14 and 18 based on a constitutional analysis of Ruling No. 13-18-CN/21 issued by the Constitutional Court of Ecuador. The issue stems from an analysis of Article 175(5) of the COIP, which considers consent given by minors in sexual crimes to be irrelevant, thus disregarding the progressive autonomy recognized by the Constitution. Using a dogmatic and hermeneutic approach, the study analyzes how this criminal provision conflicts with adolescents' rights to free development of personality, privacy, and sexual freedom. The Court, through a proportionality test, has declared the conditional unconstitutionality of the rule, recognizing the legal capacity of adolescents to consent to sexual relations provided that they are between peers and there is no coercion or manipulation. The study shows that consent cannot be automatically ruled out on the basis of age, but must be assessed on a case-by-case basis, taking into account criteria such as maturity, context, and progressive autonomy. The research contributes to the consolidation of a constitutional doctrine that recognizes adolescents as subjects of rights, promoting an evolutionary interpretation of criminal law and establishing a precedent that guarantees sexual and reproductive rights in Ecuador.